Privacy Policy
EQUIP is an educational curriculum of Hope Africa Collective.
This policy (hereinafter the “Privacy Policy”) has been with the view for the protection of any information submitted to Hope Africa Collective (“the Responsible Party”) by yourself (“the User” (including Juristic Persons or other entities) of the domain http://www.hopeafrica.co.za/ www.hopeafrica.com, equip.hopeafrica.com or other such domain so used by Hope Africa Collective (“the Website”).
The Responsible Party subscribes to the principles as made compulsory in accord with the Protection of Personal Information Act 4 of 2013 (“the Act”) and in addition Section 51 of the Electronic Communications and Transactions Act (“ECTA”).
In what way does the Responsible Party ensure the security of the Users information?
As described in the Act, principals of protection form the Pillars of protection of personal Information. Each requirement will be recorded here and how it is applied in the Responsible Party’s Company.
1. Accountability The Act requires the Responsible Party (that is Hope Africa Collective) to make sure it protects and guards all information that is submitted to it via the website. The Responsible Party has security mechanisms in place, through its Information technology department, and legal department, to ensure the maximal compliancy with the Act.
2. Processing limitations: The Act provides for the processing of personal information that is not in contravention its principals and does not invade on the privacy of the data subject, information that is minimal, information that is only processed with the consent of the User. The Act provides for the prohibition on the storage and distribution (hereinafter defined as “Processing”) of information relating to the Users: Race, Religion, Trade Union Membership, Political Persuasion, Health, Sexual Life and Criminal Behavior (“the Prohibited Content”). The User must take heed of the Following: The Responsible Party will not process the Prohibited Content or other personal information submitted on the website without the User’s direct consent. The Responsible Party only receives information related to the following and will not use such information without the User’s consent
2.1. Processing of data submitted on the Website under the “Contact us” tab. Info submitted is: First name, Company, Email, Phone number, Enquiry / Feedback.
2.2 Privacy and general surfing or browsing It is possible for a User to surf the Website without the provision of personal information. THE USER GIVES ITS EXPRESS CONSENT FOR THE WEBSITE SERVER TO COLLECT ITS IP ADDRESS AND OTHER DISTINGUISHING INFORMATION. The purpose for such collection of the IP address is merely to gauge as the number of visits to the Website, what pages on the Website were viewed, and time spent on the Website. The Responsible Party does this to create room for improvements to the use and content of the Website. THE RESPONSIBLE PARTY IS UNDER NO OBLIGATION TO PROTECT THIS INFORMATION AND MAY USE, DISTRIBUTE AND COPY SUCH INFO AS IT DEEMS FIT. Minimality The Act provides for Minimality. This means that personal information may only be processed if, given the purpose for which it was processed, it is adequate, relevant and not excessive. The Responsible Party will only process the submitted personal information for the purposes specified in clauses 2.1- 2.2 above. The User hereby declares that the information it submits is true, correct, and relevant to the purposes specified above. The Responsible Party is not responsible for any incorrect information submitted. Consent, Justification and Objection.
The Act requires that for any personal information that is submitted requires:
4.1 Consent by the User
4.2. Such Processing is necessary to carry out actions for the conclusion or performance of a contract between the User and the Responsible Party.
4.3 Processing is in the legitimate interests of the User. The User as stated above hereby consents to such Processing, to the extent it relates to the purposes as specified in clause 2.1- 2.2. The User further acknowledges that the processing is in its legitimate interests, with respect to clause 2.1 when his, her/ its contact details and feedback/ suggestions. The User further acknowledges that such Processing, in clause 2.2, is necessary for the Responsible Party to understand how to contact the User in terms of feedback, to understand the needs of the User, and what is needed to assist the User as a prospective client.
Retention of Data the Act requires that retention of such data is necessary for achieving the purpose for which it was collected. It must be noted that if the retention of records reaches beyond the scope of the purposes, such information will be destroyed or reformed to the extent that the information cannot lead to expose the identity of a user. Retention may be required for lawful purposes. Further Processing the Act says that information may only be processed further if it is compatible with the purpose for which such information is collected. The User hereby consents to such Processing insofar as it relates to the purposes listed in clauses 2.1- 2.2. The User hereby consents to such further Processing and declares that it understands that such processing is only related to the purposes in 2.1- 2.2. 7. Information Quality According to the Act the Responsible Party must take reasonable steps to ensure that all data is correct, complete, accurate not misleading and updated where necessary.
THE USER HEREBY DECLARES THAT SUCH INFORMATION IS, IN FACT, CORRECT, COMPLETE, ACCURATE, NOT AMBIGUOUS, AND ACCEPTS, WHERE NECESSARY, TO UPDATE THE RESPONSIBLE PARTY AS TO ANY UPDATES IN SUCH INFORMATION. Openness and Data Subject Participation In accordance with the Act if personal information is collected, the Responsible Party must take reasonably practicable steps to ensure that the User is aware of:
THE USER MUST TAKE NOTE OF THE FOLLOWING: the information being collected; Please see clauses 2.1- 2.2 the contact details and address of the Responsible Party.
SOUTH AFRICA PO Box 30062 Tokai, Western Cape 7945 73 Stock Road Philippi East, Western Cape 7755 Ph: (+27) 021 200 1853 2)
AUSTRALIA PO Box 5633 / Maroochydore BC / QLD, 4558 3)
USA PO Box 770105 / Winter Garden, FL 34777 Ph: 407-288-8032
Please see clause 2.1-2.2 whether the supply of the information by that data subject is voluntary or mandatory; The Supply of info with regard to 2.2. Is Mandatory. However, 2.1 is Voluntary. the consequences of failure to provide the information; None in Clause 2.1-2.2.
The User may not utilize the site if information is not submitted. any law authorizing or requiring the collection of the information; The Electronic Communications and Transactions Act 25 of 2002. Protection of Personal Information Act 4 of 2013 any further information, such as the recipient or category of recipients of the information; nature or category of the information; and existence of the right of access to and the right to rectify the information only employees, directors, shareholders, prescribed officers or other stakeholders may be recipients of such information, which is related to the purposes of the collection thereof.
Access to rectify the Information: in the In the event the User feels that the Responsible Party is not adhering to the Privacy Policy or that information is incorrect, then the User should communicate this fact by electronic mail to info@hopeafica.com . The Responsible Party will evaluate the Users representations and, if in the opinion of the Responsible Party, using its sole discretion, a corrective action is necessary, it will take such remedial actions as it deems fit. The Responsible Party will communicate its findings to the User in such cases within a reasonable period.
Security Measures General and accepted Education industry information security practices and procedures are in place The Responsible Party will to the best of its ability protect all personal information submitted to it by the User from loss or damage to personal information because of unauthorized access to such personal information. THE USER MUST HOWEVER REMEMBER THE CONTENTS OF CLAUSE 9.5 IN THE TERMS of USE. We will notify you in the event any security breaches do take place.
PRIVACY POLICY: DATA PROTECTION AND POPIA
SOUTH AFRICA
EQUIP is an educational curriculum of Hope Africa Collective.
Our Website: www.hopeafrica.com, www.hopeafrica.co.za, www.theprintery.co.za, equip.hopeafrica.com or any other such domain so used by Hope Africa Collective NPC
Last updated: October 2024
Whereas Hope Africa Collective NPC (“the Company”) respects the privacy of all personal data and private information collected, processed, and stored. As such, we undertake to handle all personal information received and processed with due care and provide the necessary security to safeguard all information held by us. Our internal system similarly allows us to proactively react should there be a breach of any kind, alternatively our privacy practices and POPIA policy dictate that we report any material breach to the Regulator. By using our website, you agree to the following. Please do not use our website or online products and services if you do not agree with this privacy policy.
INTERPRETATION AND DEFINITIONS
The words that are capitalized or have their initial letter capitalized will have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Any reference to gender will be in respect of all genders and shall not be exclusive unless mentioned in a strict and specific context.
DEFINITIONS
For the purpose of this Privacy Policy:
Account means a unique account or profile created for you on the Company’s internal system, in which the Company’s services can be accessed and your personal information will be stored and/or processed.
Company (hereinafter referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) means Hope Africa Collective NPC, a company duly registered in terms of the Companies Act 71 of 2008, with its registered place of business being situated at 73 Stock Road, Philippi, Cape Town, 7755.
Cookies means small files that are placed on your computer, mobile device or similar device, containing the details of your browsing history on a specific website and can be used for analytics – also referred to as technical personal information.
Country means the Republic of South Africa.
Device means any device that can access the Company’s website such as a computer, a cellphone or a digital tablet.
Personal Information or Personal Data means any information that can be used to reveal a person’s identity. Personal Information relates to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person (such as a company), including but not limited to information concerning:
Race, gender, sex, pregnancy, marital status, national or ethnic origin, color, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language and birth of person;
Information relating to the education or medical, financial, criminal or employment history of the person;
Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
Biometric information of the person;
Service Provider or Operator means any natural or juristic person who processes the data on behalf of the Company. It refers to third-party companies or individuals contracted to the Company to facilitate or administer the Company’s website, to provide support on the Company’s website and to assist the Company with analyzing how the website is used and/or the Personal Information collected by the Company’s website;
Usage Data refers to data collected automatically, either generated by the website or from the website’s infrastructure (i.e: the duration of a page visit or the amount of traffic on the website);
You means the individual accessing or using the Company’s website, or the Company, or any other legal entity on behalf of which such individual is accessing or using the website, as applicable.
COLLECTING AND USING YOUR PERSONAL INFORMATION
TYPES OF DATA COLLECTED
PERSONAL DATA
While using Our Website, we may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information collected via Our website may include, but is not limited to:
Email address;
First name and last name;
Phone or cellphone number; and
Usage Data
USAGE DATA
Usage Data is collected automatically when using the Company’s website. Usage Data may include information such as Your Device’s Internet Protocol address (“IP Address”), browser type, browser version, the pages of Our website that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access Our website by or through a mobile device, we may collect certain information automatically, including but not limited to, the type of mobile device You use/own, Your mobile device unique ID, the IP Address of Your mobile device, unique device identifiers and other diagnostic data.
TRACKING TECHNOLOGIES AND COOKIES
Tracking technologies used include, but are not limited to, beacons, tags, and scripts to collect and track information and to improve and analyze Our website.
COOKIES:
The Company uses cookies, pixels, and other technologies (collectively referred to as “cookies”) to recognize Your browser or device, learn more about Your company or industry, and provide You with essential features and services, as well as for additional purposes, including:
Recognizing You when you sign-up to use Our services. This allows Us to provide each user or data subject with customized features and services, if applicable.
Conducting research and diagnostics to improve the Company’s website content, products, and services.
Preventing fraudulent activity.
Improving security.
Delivering content, including ads, relevant to Your interests.
This allows Us to measure and analyze the performance of Our services and/or Our website.
Cookies can be “Persistent” or “Sessions” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies: Session Cookies administered by Us and for the purpose of providing You with services available through Our website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts.
Cookies Policy / Notice Acceptance Cookies: Persistent Cookies administered by Us for the purpose of identifying whether users have accepted the use of Cookies on the website.
Functionality Cookies: Persistent Cookies administered by Us for the purpose of allowing Us to remember choices made by You on Our website, such as remembering Your login details or language preference, and provide You with a more personal experience.
You can manage browser cookies through your browser setting. The “Help” feature on most browsers will tell you how to prevent your browser from accepting new cookies; how to have the browser notify you when you receive a new cookie; how to disable cookies; and when cookies will expire. If you disable all cookies on your browser, the Company, nor any of its third parties, will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site, and some features and services may not work.
The Company makes use of Google Analytics to administer, consider and analyze activity on Our website. Google’s privacy policy can be accessed via https://policies.google.com/privacy/embedded?hl=en-US.
You may opt out of Google analytics by following these directions: https://support.google.com/analytics/answer/181881?hl=en#:~:text=You%20can%20opt%2Dout%20of,Google%20Analytics%20about%20visit%20activity.
WEBSITE PRIVACY AND USE OF PERSONAL INFORMATION
Personal Information is collected only when knowingly and voluntarily submitted.
Personal Information is only used for the purpose for which it was collected and/or submitted or such secondary purposes that are related to the primary purpose.
In addition to where You have consented to the disclosure of Your personal information, Personal Information may be disclosed in special situations where the Company has reason to believe that doing so is necessary to identify or act against anyone damaging or interfering with Our rights, property, users and/or anyone else that could be harmed by such activities.
The Company may engage third parties to provide You with goods or services on Our behalf and in such circumstances may disclose Your Personal Information to such parties in order to provide such goods and services, strictly in terms of The Protection of Personal Information Act 4 of 2013 (“POPIA”) and the following provisions:
With Service Providers: We may share Your Personal Information with Service Providers to monitor and analyze the use of Our Website and/or to contact You;
For business transfers: We may share or transfer Your Personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your Personal Information with Our affiliates; in which case We will require those affiliates to honor this Privacy Policy.
With Your consent: We may disclose Your Personal Information for any other purpose with Your express consent.
RETENTION OF YOUR PERSONAL INFORMATION
The Company will retain Your Personal Information only for as long as it necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Information to the extent necessary to comply with Our legal obligations, resolve disputes, and enforce Our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorted period of time, except when this data is used to strengthen the security or to improve the functionality of Our website.
INFORMATION SECURITY ON OUR WEBSITE:
Any information that you upload on our website will be stored on a secure server and be used for limited purposes such as future communications (which you are always entitled to un-subscribe to).
The Company will not disclose, sell, rent, or disseminate your personal information to third parties without your consent unless the Company is compelled to do so by law. The Company may do so if you have granted consent thereto.
While all reasonable efforts are taken to ensure that your personal information is protected as it travels over the internet, the Company cannot guarantee the absolute security of any information you exchange with us due to reason beyond our control.
FINANCIAL INFORMATION
We do not have access to your financial information and only collects, stores and processes the financial information expressly provided by you.
All personal information relating to financial information will be treated as highly confidential by the Company and shall always be accompanied by the necessary consent or legal provisions.
CHILDREN’S PERSONAL INFORMATION:
We do not have access to your children’s personal information.
Any information pertaining to your children must be given with the prior consent of the parent or legal guardian; given voluntarily; and will only be stored or processed within the strict scope and/or mandate for which it was collected or provided.
All material efforts will be taken by the Company to ensure that no children’s personal information is unlawfully and irresponsibly collected, stored or processed and is done strictly in terms of the Protection of Personal Information Act 4 of 2013 (“POPI”).
We consider all personal information pertaining to children as highly sensitive and will never misuse, abuse, unlawfully process or share any of the sensitive information with any third party prior to obtaining the necessary consent and/or is required to do so by law.
YOUR DATA PROTECTION RIGHTS:
RIGHT TO ACCESS AND RECTIFY YOUR INFORMATION:
You may request that the Company remove and/or delete any of Your Personal Information held by the Company or one of Our Service Providers.
You have the right to request that the Company correct any information You believe is incorrect or inaccurate. You also have the right to request the Company to complete information You believe is incomplete.
RIGHT TO OBJECT
You have the right to object to Our processing of your personal information in terms of s11(3) of POPIA, as well as the right to request that the Company be restricted from processing Your Personal Information except under certain circumstances.
You may object by sending an email to our offices with the subject line: “POPIA AND DATA PROTECTION” and sent to the following email address: info@hopeafrica.com.
RIGHT TO COMPLAIN
You have the right to lodge a complaint with the Information Regulator (or directly to us on info@hopeafrica.com):
Complaints to the Regulator: complaints.IR@justice.gov.za
CHANGES
From time to time, it may become necessary to make changes to this privacy policy. It is your responsibility to periodically check our website for any changes.
OUR INFORMATION AND CONTACT DETAILS:
Name of Company: Hope Africa Collective NPC
Information Officer: Kent Bowen
Email address: Kent@hopeafrica.com
Contact number: 021 200 1853
Physical address: 73 Stock Road, Philippi, Cape Town, 7755.
TERMS AND CONDITIONS
Introduction
Welcome to this website, which is owned and operated by Hope Africa Collective, Inc (“Hope Africa Collective, Inc,” “we,” and “us”). These Terms & Conditions (also referred to below as the “Agreement”) constitute an agreement between you and Hope Africa Collective, Inc, and its affiliated and subsidiary organizations, which governs the use of this website and any web page which is a part of this website, your registration with this website, and your purchase, receipt, and/or licensing of any material, product or service through this website or through telephone orders or mail orders through our catalogs or otherwise.
EQUIP is an educational curriculum of Hope Africa Collective, Inc, a registered Not for Profit company. This website is accessed at equip.hopeafrica.com, related mobile applications and software applications (the “Website”) and is owned and operated by Hope Africa Collective, Inc.
Any mention of EQUIP in these Terms & Conditions is synonymous with the owner Hope Africa Collective, Inc.
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who visits the Website (“guest user”) or registers as contemplated below (“registered user”).
EQUIP permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. By accessing the Website and by clicking on the “Register” button on the Website, or engaging in any transaction on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for a range of curriculum products, as catalogued on the Website and in stock from time to time (“Goods”).
Applicable law & Jurisdiction
This website is created, controlled, owned and operated by Hope Africa Collective, Inc and incorporated in the States, Montana & Florida. We are governed by the Federal Arbitration Act, the laws of Montana and Florida shall govern and control the interpretation and enforcement of this Agreement.
These Terms and Conditions contain provisions - may limit the risk or liability of EQUIP or a third party; and/or may create risk or liability for the user; and/or may compel the user to indemnify EQUIP or a third party; and/or serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask EQUIP to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or EQUIP.
Registered Users, Guest Users and the use of the website
The users of the Website may be temporary “guest users”, who visit and purchase Goods, or they may be “registered users”, who create a user profile that is stored with us. The guest user will be required to provide personal information only if the guest user decides to purchase Goods, and this information will be included in the Order and not stored in our Database as a user profile. A registered user will set up a user profile that will be stored with us, and all the user’s information shall be handled in the manner set out in these Terms and Conditions.
To register as a registered user, you must provide a unique username and password and provide certain information and personal details that will constitute your user profile on the Website. This will enable EQUIP to provide you with an improved user experience. As a registered user, you will need to use your unique username and password to access the Website to purchase Goods under your user profile. However, even a registered user may access the Website as a guest user.
As a registered user, you agree and warrant that your username and password shall:
be used for your own use only (not as an agent for another undisclosed party);
be carefully protected by you so as to mitigate the risk of fraud or misuse; and
not be disclosed by you to any third party.
As registered user you agree to notify EQUIP immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
For all users, by using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized EQUIP representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized EQUIP representative.
Conclusion of sales and availability of stock
Users may place orders for Goods, which EQUIP or the Third Party Seller may accept or reject. Whether or not EQUIP or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by EQUIP for the Goods.
EQUIP or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and EQUIP or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from EQUIP stating that your order or payment has been confirmed. EQUIP will indicate the rejection of your order (by EQUIP itself or the Third-Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid (if any).
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy, provided that this does not prohibit your right to return the Goods within 7 days of your receipt of the Goods in accordance with the provisions of section 44 of the ECTA (which is the statutory “cooling-off period” for electronic transactions); provided that this shall not apply to Goods which are perishable, customized, personal in nature and opened and otherwise by reason of their nature cannot be returned, save under the Returns Policy. If a return is requested, you will be responsible for the return shipping cost. Once the product(s) are inspected and found to be not damaged a full refund will be provided.
Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, goods may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold EQUIP or the Third-Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without notice to you. In the case of Goods for sale by EQUIP, EQUIP will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, EQUIP will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
In the case of Goods for sale by a Third-Party Seller, EQUIP relies on inventory information supplied by the relevant Third-Party Seller and EQUIP accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third-Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third-Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
Certain Good may be ordered and paid for on a “pre-ordered basis”. In this event, the terms of such pre-order shall be included in the order acceptance. As a general rule, should we not be able to deliver on the pre-ordered Goods, the only recourse you will have against EQUIP or the Third-Party Seller will be a refund of amount paid in respect of such Good and no further claim will be possible.
Payment
EQUIP is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Whether the Goods are for sale by EQUIP or a Third-Party Seller, payment can be made for Goods via debit card; credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be cancelled.
You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred because of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. EQUIP will not accept your order if payment has not been received;
cash on delivery (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery; and
EQUIP Vouchers:
The following terms apply to EQUIP Vouchers:
A voucher is an EQUIP Gift Voucher, which is a Voucher that are bought by a user from The EQUIP website. These Gift Vouchers are pre-payments for Goods and may be exchanged for Goods on the Website, but not Returned. Gift Vouchers may be redeemed at any time within 12 months of the date of their issue, failing which the Gift Voucher will expire.
A Voucher is issued subject to the terms of its issue, which may include expiry dates and other restrictions on its redemption.
You may contact us at: equip@hopeafrica.com to obtain further details on payment methods and to obtain a record of your payment. We will also send you email and/or SMS communications about your order and payment.
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods. The payment site is a third-party site which is subject to its own terms and conditions.
Delivery of Goods
EQUIP offers 1 (one) method of delivery of Goods to you. You may elect delivery via:
If in South Africa:
Delivery to a local POSTNET for your pickup
If in other African Nations:
Delivery will be determined upon order to the specific country
If in other Nations outside the African Continent:
Delivery method is through Amazon.com
Our delivery charges are subject to change at any time, without prior notice to you, so please check the Website for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, EQUIP or the Third-Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment. We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
EQUIP’s obligation to deliver Goods to you is fulfilled when we deliver the Goods to the physical address nominated by you for delivery of the order. EQUIP is not responsible for any loss or unauthorized use of Goods, after it has delivered the Goods to the physical address nominated by you.
Returns
Please refer to our Returns Policy for more information about returning products (and related refunds or replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Errors
EQUIP shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
EQUIP nor Hope Africa Collective shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
Third Party Sellers
EQUIP will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller.
The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the user and such Third Party Seller. EQUIP is not a party to that sale.
The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the user if required.
Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
Privacy policy
We respect your privacy and will take reasonable measures to protect it, as more fully detailed in The Printery’s Privacy Policy, which is found on the Website (equip.hopeafrica.com ).
Changes to these Terms and Conditions
EQUIP may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website. By continuing to make use of the Website, you are bound by the then current terms as published on the Website at the time you use the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 10 above.
EQUIP and you acknowledge that the ECTA applies to all electronic communications and electronic transactions.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Hope Africa Collective / EQUIP, its advertisers and/or sponsors, or Third Party Sellers and/or is licensed to EQUP.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Hope Africa Collective / EQUIP or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
THE USE OF THIS WEBSITE, THE CONTENT OF THIS WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE OR LICENSE THROUGH THIS WEBSITE, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF CHRISTIANBOOK AND ITS LICENSORS OR SUPPLIERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT their product for marketing purposes.
Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst EQUIP takes reasonable measures to ensure that the content of the Website is accurate and complete, EQUIP makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by EQUIP’s representatives, Hope Africa Collective / EQUIP shall not be bound thereby.
Hope Africa Collective / EQUIP shall not be liable for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law, even when EQUIP has been made aware that such loss is possible.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Hope Africa Collective / EQUIP, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, EQUIP also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of EQUIP, its employees, agents or authorized representatives. EQUIP thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and EQUIP is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
Hope Africa Collective / EQUIP cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of EQUIP, its employees, agents or authorized representatives.
EQUIP shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website, even if EQUP is aware, or has been made aware, that such losses are possible.
You hereby indemnify Hope Africa Collective / EQUIP against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked Third Party website.
Availability and termination
We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
EQUIP may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that EQUIP will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
EQUIP is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Voucher/Coupon intended by EQUIP to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and EQUIP, in whole or in part, on notice to you. EQUIP shall only be liable to refund monies already paid by you (see EQUIP’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to EQUIP.
Notices
EQUIP hereby nominates PO Box 770105, Winter Garden, FL 34777 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). EQUIP may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving EQUIP not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting; by email will be deemed to have been on the date indicated in the “Read Receipt” notification.
Information
For the purposes of the ECT Act, EQUIP’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: EQUIP is a Social Enterprise program of Hope Africa Collective, Inc (501c3)
Main business: Online Educational Curriculum
Physical address for receipt of legal service (also postal and street address): 207 W Plant St, Ste 770105, Winter Garden, FL 34777
Email address: equip@hopeafrica.com
General
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or EQUIP to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and EQUIP and no other warranty or undertaking is valid, unless contained in this document between the parties.
Returns Policy
EQUIP wants you to be satisfied with your purchase. If you are not completely satisfied, you can return the product to us and we will replace it, or credit your account, subject to the below terms.
New and unopened merchandise may be returned within 14 days of receipt for an exchange or refund of the merchandise cost only (we are unable to reimburse shipping costs). Items must be returned inunused/unmarked/sellable condition.
Any return that does not comply with the above policy may be rejected or may be subject to a restocking fee, at our discretion. In general, restocking fees start at 20% but may be significantly higher depending on the condition of the return.
This Policy applies to products bought from EQUIP itself and from Third Party Sellers (unless otherwise stated, where some Third-Party Sellers may have their own policies, these will be brought to your attention at the time of placing the order).
This Policy must be read together with and forms a part of EQUIP Standard Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.
Please note that this Returns Policy is subject to the provisions of both the Consumer Protection Act, 68 of 2008 (CPA), and the Electronic Communications and Transaction Act, 25 of 2002 (ECTA), including but not limited to:
That there is a 7 day cooling off period on all Goods received that were purchased by electronic transaction (section 44 of ECTA);
Preparing your products for a return
To ensure your request is processed as quickly as possible you are responsible for the following when seeking to return the Goods:
Register your request to return the Goods on the Website using the “Contact Form”, including the original order number in your request statement.
Package your Goods safely and securely for protection during transit; and
clearly mark your order number on the outside of the parcel.
Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
Want to exchange or refund?
Not what you ordered?
If we accidentally delivered the wrong Goods to you, or if the Goods are not as described on the Website, please notify us and we will cover the cost of shipping back to us from an agreed upon shipping location at no charge.
Goods incomplete or damaged on delivery?
Should Goods be damaged at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website using the Contact Form.
We will cover the cost of shipping the Goods to us from and agreed upon shipping location at no charge. Once we have inspected the Goods and validated your return, we will replace the Goods as soon as possible or credit your account with the purchase price of the Goods (or refund you if that is your preference).
The Goods are defective?
We do our best to ensure that the Goods sold and delivered are of a high quality, and in good working order and without defects.
What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return under this section:
• faults resulting from normal wear and tear;
• damage arising from negligence, user abuse or incorrect usage of the product;
• damage arising from a failure to adequately care for the product;
• damage arising from unauthorized alterations to the product; and
Want to claim refund or replacement?
If you return a product that does not comply with this Policy, you may be liable to reimburse EQUIP for the cost of collecting the product from you and the cost of having the product returned to you.
Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by EFT will be refunded to your nominated bank account. Where EQUIP Vouchers have been used to make a purchase the refund will be by way of the issue of the equivalent EQUIP Voucher.