Vrienden van The Almond Tree

Website Terms & Conditions

1. Website Terms of Use

THESE TERMS (“TERMS”) GOVERN YOUR (“USER”) USE OF THE VRIENDEN VAN THE ALMOND TREE (“PROVIDER” or “FOUNDATION”) WEBSITE LOCATED AT THE DOMAIN NAME www.almondtree.nl (“WEBSITE”). BY ACCESSING AND USING THE WEBSITE, THE USER AGREES TO BE BOUND BY THE TERMS SET OUT IN THIS LEGAL NOTICE.

2. Updating of these Terms

Provider may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. Provider will notify the User of the changes by posting the date of the version of these Terms at the bottom hereof. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates.

3. Email Terms and Conditions

3.1. In corresponding with us via email you consent to our Privacy Policy set out in Clause 10 below, and you agree to our indemnity and limitation of liability set out in Clause 11, 12 and 13 below.

4. Donations

4.1. Donations can be made online by credit card or EFT through a sufficiently secure payment system provided by our third party Service Providers. The payment system allows for review, corrections and withdrawal by User prior to placing a final order; or in the case of Registered Users payment can be made by EFT (Electronic Funds Transfer) to the bank account specified on the invoice, or as specified by our third party Service Providers facilitating booking and payment partners.

5. Complaints and Disputes

5.1. Provider offers Users the option to call for a record of the transactions with the Provider or to file complaints via the “Contact us” service of the Website www.almondtree.nl.

6. Copyright and Intellectual Property Rights

6.1 Provider provides certain information on the Website. Such content displayed at the Website is provided by Provider, its affiliate (such as The Almond Tree Children’s Village South Africa referred to hereinafter as “Affiliate”), Service Providers or any other third-party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to: the Provider its Affiliate or any Service Providers or any other third-party owners of the rights (collectively referred to as “Owners”), and the Content is protected by international copyright laws.

6.2. Where the Owners of the Content could not be found after conducting a diligent search, such information is used or published in good faith as deemed to be in the public domain and used on the Website for educational non-commercial purposes.

6.3. The Providers may make any changes to the Website, the Content, or to Goods or Services offered through the Website at any times and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a licence or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

7. Limited Licence to General Users

7.1. This Website and the Content may not be reproduced, distributed or otherwise published or exploited for any commercial or non-commercial purpose without the express prior written consent of Provider. In other words, the Content and Website is only for personal use, and always subject to these terms and conditions as updated from time to time (which will apply to you and your use of the Content).

7.2. The licence does not allow the User to collect descriptions or other information, messages or opinions displayed on the Website, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another person, merchant, organisation, or for publication or dissemination elsewhere (whether in part of in whole). The User may not frame the Website or the Content, or publish or reproduce same or any portion thereof, without the express written consent of Provider first being obtained.

7.3. MINORS: Provider and the Owners do not wish to collect the information of minors. If you are under the age of 18, you may not act upon any transactions or inputting of personal information on the Website.

7.4. Provider and the Owners, their Affiliates and Service Providers reserve the right to refuse Service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.

7.5. Any unauthorised use by User terminates this licence.

8. Limited Licence to Registered Users

8.1. Provider allows and processes the registration of certain users (“Registered User”) at the Website and reserves the right to retain the information supplied by the Registered User, and the Registered User consents to such use and storage of his or her Personal Information, or that of his/her children and family, as provided to us on the Website or through our Service Providers.

8.2. This Website and the Content may only be duplicated, copied, resold, visited or otherwise exploited, for the specific purposes set out in this agreement, and subject to Clause 6 and 7.

8.3. The licence is subject to the terms of clauses 7.3 to 7.6 above.

9. Limitation of liability

9.1. Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website including any linked Website hosted by a Service Provider, and/or our emails are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider (and its staff, employees and officers), Owners, Service Providers, employees, directors partners, Affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission, or use of outdated or discontinued Content. The Owners make no warranty or representation as to the availability, correctness, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.

9.2. Neither Provider nor any Affiliate or subsidiary of Provider or Owners or Service Providers, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked Website to the extent permissible by law, or reliance by you on the contents of any email form Provider or its staff or officers.

9.3. Provider makes no warranty or guarantee to you or any third party and disclaims any warranties or guarantees express or implied, given in our email correspondence and or on this Website or any linked website, and it accepts no responsibility for the veracity of the content therein.

10. Privacy Policy, Personal Information, access to and use of information

10.1 Vrienden van The Almond Tree receives various types of information (“Information”) from users, sponsors, donors, visitors, volunteers, event attendees and other interested individuals who correspond with us, via email, any other electronic communications platform, in person or whoever may use or access our Website (collectively referred to as “Users”). These Users provide us with their Personal Information as detailed in the Promotion of Access to Information Act (“PAIA”), and section 1 of Electronic Communications and Transactions Act (“ECTA”)(“Personal Information”) and under the Protection of Personal Information Act of 2013 (“POPIA”).

10.2. By providing such Personal Information you, as the User agree that Vrienden van The Almond Tree may collect, store and use your Personal Information, including amongst others, names, contact details, addresses, surfing patterns, email and IP address, residential and/or work address etc., which Personal Information will be stored in electronic form or in physical paper format, where the User has completed our forms/registers (whether for adults or for children) or shared their Personal Information with us.

10.3. We respect your privacy and endeavour to protect the Personal Information that you provide to us, in accordance with applicable laws.

10.4. Purpose:

The purpose of this policy is to explain how we collect, use and disclose your Personal Information for the purpose of administering the affairs of the Foundation and to ensure its proper functioning. Personal information for the purpose of this policy includes amongst others names, birth dates, addresses, email addresses and contact numbers, and all the information you as User, supply to us. We may gather additional information needed to meet other general, administrative and event needs within the Foundation, which you provide to us or our affiliates or Service Providers (for example payment gateways, third party websites linked to our Website), collectively referred to as (“Service Providers”). You specifically consent to us sharing this personal information with our Service Providers or Associated Affiliates. The information that you provide will be subject to the guidelines set out in this policy below.

10.5. The Purpose for which we collect Personal Information:

10.5.1. We collect and process your Personal Information mainly to contact you, to inform you of the Foundation and Affilate’s events notices and needs, to update you on projects and for general administration.

10.5.2. Only necessary Personal Information is stored, therefore we will not collect and store information that is not required for the above purposes. We collect your Personal Information directly from you, and you hereby consent to such collection for the purpose set out above.

10.6. Cookie Policy:

10.6.1. When and where do we use cookies: we allocate cookies during the Website registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require.

10.6.2. How can you refuse or opt out of cookies: most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all. In addition, you can delete cookies on your electronic devices.

10.6.3. How can you manage your privacy preferences: if you’d like us to stop processing your information for marketing purposes, please write to us via our contact form on our website : www.almondtree.nl.

10.7. How we use information

We will use Personal Information only for the purposes for which it was collected (10.5 above) and agreed with you. BY COMPLETING WEBSITE FORMS, VISITORS FORMS, AFFILIATE CHURCH FORMS OR REGISTERS, VOLUNTEER FORMS OR REGISTERS, OR USING OUR WEBSITE, OR ANY OTHER LINKED AFFILIATE OR SERVICE PROVIDER’S WEBSITE OR ANY THIRD-PARTY SERVICE PROVIDER’S of the Foundation OR AND ANY OTHER ELECTRONIC COMMUNICATIONS PLATFORM WE USE, (like, for example the Whatsapp, SMS, Facebook, YouTube, Instagram, amongst others) YOU AGREE TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION, AS OUTLINED IN THIS POLICY AND YOU FURTHER AGREE TO THE TRANSFER OF ITS/YOUR PERSONAL INFORMATION CROSS-BORDER FOR PURPOSES OF VOLUNTEER DATABASES, EMAILS AND/OR DOCUMENTS ON SUCH SERVERS, WITH APPROPRIATE SECURITY.

10.8. Disclosure of information

We may disclose your information to our Service Providers who are involved in the delivery of Services to you, such as information technology services, eventing, amongst others and our Affiliates (such as, amongst others, The Almond Tree Children’s Village South Africa, payment gateways and/or booking services).

10.9. Consent

10.9.1. BY PROVIDING US WITH YOUR PERSONAL INFORMATION YOU GIVE CONSENT TO US TO:

10.9.2. store your Personal Information;

10.9.3. contact you (by email, SMS, WhatsApp or any other platform in use by Vrienden van The Almond Tree from time to time);

10.9.4. use your Personal Information internally for general administration of the Foundation and its events, updates, communications, newsletters, project updates, and externally with our Affiliates or Service Providers.

10.10. Access to information, record retention, updates and deletion

10.10.1. We will not retain the Personal Information collected from you for a period longer than necessary. We may from time to time request updates from you of the information to ensure that it is correct. We will notify you when we need your Personal Information updated.

10.10.2. You have the right to request a copy of the Personal Information we hold about you. You also have the right to ask us to update or correct your Personal Information.

10.10.3. You may also at any time withdraw your consent to use and store your Personal Information, and request deletion of the information. We will request confirmation of your identity before attending to this request.

10.11. How to contact us

If you have any queries about this policy, wish to withdraw your consent for the use of your Personal Information, or wish to access or correct your Personal Information, you will be required to communicate this to us via our website contact form found on www.almondtree.nl.

10.12. Information security safeguards

10.12.1. We have security procedures in place to protect the Personal Information that we store and to stop unauthorised access thereto and use thereof.

10.12.2. Should we become aware of a breach of our security safeguards that affect your Personal Information we will notify you thereof as soon as reasonably practicable if you are a Registered User and where we have your contact details to do so.

10.13. Review

10.13.1. This policy will be reviewed annually and updated when necessary. You will be notified of any changes as outlined herein by us posting the date of the most recent version hereof at the bottom of these Terms. Should you have any questions relating to this privacy policy, would you be so kind as to contact us via our website contact form on www.almondtree.nl.

10.14. Interception of communications.

10.14.1. Despite such undertaking to the contrary, it is possible for Internet-based communications to be intercepted. You must be aware of this risk and accept it (the risk) by using our Website, Services, or emailing us or connecting with us through any other electronic communications platform. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

10.14.2. Neither Vrienden van The Almond Tree, its Service Providers, Affiliates nor any Owner will be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to any of us directly or through the Internet, or that you expressly or implicitly authorise us or the Owners or Service Provider’s to make public, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Vrienden van The Almond Tree, the User is urged to take care to read and understand the underlying privacy clauses incorporated in our Website Terms. When the Vrienden van The Almond Tree is served with due legal process requiring the delivery of Personal Information, it may have a legal duty to abide by that demand and will do so. Vrienden van The Almond Tree may also impart Personal Information if permitted or required to do so by law.

11. Privacy – casual surfing

11.1. The User may visit the Website without providing any Personal Information.

11.2. The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.

11.3. This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.

11.4. Vrienden van The Almond Tree uses this information to determine use of the Website, and to improve Content.

11.5. Vrienden van The Almond Tree assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.

12. Privacy – unsolicited information

12.1. If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise the User grants to the Owners a:

12.1.1. non-exclusive;
12.1.2. royalty-free;
12.1.3. perpetual (everlasting);
12.1.4. irrevocable (irreversible); and
12.1.5. fully sub-licensable,

right to use, reproduce, modify, adapt, publish, translate, createderivative works from, distribute, and display such Information throughout the world in any media, without payment of any consideration.

12.2. The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants:

12.2.1. that the User owns or otherwise controls all of the rights to the Information that the User posts;
12.2.2. that the Information is accurate;
12.2.3. that by the supply of the Information to Vrienden van The Almond Tree:
12.2.3.1. the User does not violate this Policy and does not infringe the rights of any person or entity; and
12.2.3.2. THAT THE USER INDEMNIFIES THE OWNERS FOR ALL CLAIMS resulting from the receipt by Vrienden van The Almond Tree of the Information the User supplies to it.
12.2.4. Vrienden van The Almond Tree may monitor and edit or remove any Information, where posted to public pages. The Vrienden vanThe Almond Tree takes no responsibility and assumes no liability for any Information posted by the User or any third party.

13. Privacy-solicited information the User gives to Vrienden van The Almond Tree

13.1. Vrienden van The Almond Tree requires certain Personal Information necessary to process transactions if the User requires Vrienden van The Almond Tree’s Goods or Services.

13.2. Vrienden van The Almond Tree receives and stores all Information, including Personal Information which the User enters on the Website or gives to Vrienden van The Almond Tree or its Affiliates in any other way. The User may choose not to provide certain Personal Information, but that may limit the Services or Goods that the User may wish to obtain from the Vrienden van The Almond Tree.

13.3. Vrienden van The Almond Tree provides its Goods and Services in conjunction with its Service Providers and Affiliates. In this regard and unless specifically restricted by the User from the licence below, the User when using our Site or Services and entering into the specific transactions in question expressly grants in writing to the Owners, Affiliates and the Service Provider a:

13.3.1. non-exclusive;
13.3.2. royalty-free;
13.3.3. perpetual;
13.3.4. irrevocable; and
13.3.5. fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media including transacting with User, registration of User, and the like.

13.4. The User’s Information that is required by Service Providers and/or Affiliates to give effect to transactions that the User chooses to enter into is shared with those Service Providers, and the User agrees to this.

14. Media Consent

By visiting our Foundation and/or its Affiliates, participating in meetings, events or volunteering (onsite or offsite) photos, audio recordings and/or videos (the “Media Content”) may be taken of you. This Media Content may be used by us in Foundation or Affiliate publications (sound, audio, video or photos) with your consent. For this purpose, YOU HEREBY GIVE YOUR CONSENT THAT WE MAY USE AND PUBLICISE SUCH MEDIA CONTENT (including image,likeness, appearance and voice) of you/your family forever and without revoking this consent and without compensation. All rights, title, and interest in such Media Content are owned by the Foundation or the respective Affiliate. You/your family/children/dependants acknowledge that you are fully aware of the contents of this release and are under no disability, duress, or undue influence. Should any Media Content be objectionable to you, please don’t hesitate to contact us should we be able to minimise the effects of that particular use or publication, via our contact form on our website www.almondtree.nl. Should you require that you or someone in your family be excluded from this release, please notify us in writing via our contact form on our website www.almondtree.nl within 10 working days of becoming aware of it.

15. Privacy-surveys and statistical profiles

Vrienden van The Almond Tree may periodically conduct online customer care surveys to enable the updating of service standards, and User agrees to this. When it conducts a survey, Vrienden van The Almond Tree must inform the User how the information gathered will be used and provide the User with the opportunity to opt-out from such surveys, as provided for in 10.11. above. Despite terms to the contrary, Vrienden van The Almond Tree may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.

16. Privacy- interception

Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, the User agrees that the Vrienden van The Almond Tree may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Vrienden van The Almond Tree, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.

T’s and C’s most recently updated on 24 May 2024.
Vrienden van The Almond Tree