General Terms and Conditions
We reserve the right to update these General Terms and Conditions (GTC) from time to time.
You are responsible for regularly reviewing these GTC.
1. Subject matter of the agreement
(1) DFR is an innovative undertaking informing its community on saving wildlife and animals with a specific focus on rhinos. DFR furthermore offers a sophisticated concept by supporting wildlife organizations through various means of raising funds. Within the scope of this activity, DFR provides to its community different events to raise awareness as well as funds for protection, animals’ orphans and survivors, feed, research and ad hoc requirements, not only with South Africa but worldwide. Additionally, and not limited to the events, DFR offers different products such as but not only: merchandise for purchase online, offline, digital, physical products as well as services such as consultations, courses, trainings, holidays, experiences, various donation and adoption options. Please refer to the applicable Terms and Conditions of Adoptions and Donations.
(2) When purchasing merchandise, you will be informed of the content of the respective chargeable order, prices, and payment terms separately prior to ordering a chargeable service/order or other conclusion of a chargeable contractual relationship. Upon pressing the binding order button, e.g. “buy now” or/and "donate" or/and ”complete order” you declare in a binding manner that you intend to conclude a contract for the chargeable service/item chosen by you. The contractual relationship then is established upon email confirmation of the order by DFR.
(3) The minimum age to purchase a service/item is 18 years.
2. Purchasing a service/item on a DRF website or sub-domains
(1) Purchase of services/items are possible on the DFR website or one of the sub-domains. Any personal data and technical actions required to conduct a purchase must be disclosed in full and truthfully.
(2) DFR reserves the right to request verification of age and identity within the scope of a KYC process for the purchasing process.
(3) You are fully responsible for the legality and accuracy of the data disclosed upon registration.
(4) Wrong information provided with intent and/or fraudulent intent may result in consequences under civil law. DFR in this case furthermore reserves the right to block purchases of services/items of clients who disclosed wrong information with intent and/or fraudulent intent and to terminate the client agreement with extraordinary notice and to refuse any disbursements.
(5) The client is entitled to transfer his purchased service (donations) to another person only with the prior written consent of DFR. The Customer shall address any request for consent to transfer the service to the Compliance Department of DFR to info@dancingforrhinos.co.za . The transfer of the service is not permitted without the consent of DFR.
(6) As heir, the client shall notify DFR immediately of such an inheritance and the service (donation subscription) will be transferred to the heir.
(7) You are obligated to immediately report changes of your personal data, in particular changes of your bank information and email address, to DFR if you have purchased a service. In the event that you do not meet this obligation you are obligated to bear the resulting damages yourself.
(8) You are not authorized to share your personal information regarding the DFR service to a third party without prior consent by DFR.
(9) DFR reserves the right to reject purchases of service/items at its own discretion and without stating reasons. In the event that DFR rejects your purchase, all monetary amounts transmitted by you to the payment processor will be returned to you within 6 weeks.
3. Client’s obligations
(1) You are prohibited from infringing upon third party rights, harassing third parties, violating applicable law or common decency while using the services of DFR. You are in particular obligated to refrain from the following:
• Disseminating statements with offensive, harassing, violent, violence glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise offensive or prohibited content.
• Insulting, harassing, threatening, scaring, slandering, embarrassing other clients, employees, or partners of DFR.
• Data piracy, forwarding, or distributing personal or confidential information of other clients, partners, or the employees of DFR or other
violation of the privacy of other clients, employees, or partners of DFR.
• Disseminating untrue statements regarding race, religion, gender, sexual orientation, origin, social status of other clients, employees, or partners of DFR.
• Data piracy, forwarding, or distributing confidential information of DFR.
• Disseminating untrue allegations about DFR.
• Pretending to be an employee of DFR or an affiliated company or partner of DFR.
• Using legally protected images, photos, graphics, videos, compositions, sounds, texts, logos, titles, designations, software, or other content and symbols without the consent of the owner or owners of the rights or authorization on the basis of a contract, law, or legal regulation.
• Distributing statements with advertising, religious, or political content in the name of DFR.
• Using prohibited or illegal content in the name of DFR.
• Exploiting errors in programming (so-called bugs) on the DFR website or sub-domains.
• Taking measures that may result in undue burden on the servers and/or may significantly affect the process for other clients.
• Hacking or cracking as well as promoting or instigating hacking or cracking.
• Distributing counterfeit software as well as promoting or instigating the distribution of counterfeit software to harm the DRF websites or
sub-domains.
• Uploading files containing viruses, trojans, worms, or corrupted data.
• Using or distributing auto software programs, macro software programs or other cheat utility software programs to harm the DFR websites or sub-domains.
• modifying the service or parts thereof.
• Using software that allows so-called data mining or intercepts or collects information associated with the service in any other way.
• Interrupting transmissions from and to the service servers and website servers.
• Penetrating the service servers, data servers, or website servers.
(2) DFR refers to its domiciliary right regarding the use of its Internet offer and expressly reserves the right to immediate blocking and extraordinary termination of using the websites and client agreement insofar as one of the obligations regulated in (1) is violated or applicable law regarding use is violated.
4. Termination of contract
(1) DFR upon existence of good cause giving rise to immediate extraordinary termination is authorized without prior warning to terminate the client agreement at any time without notice and to block your profile, whereby the termination may also affect contracts regarding the chargeable lease of server capacity. Good cause in terms of sentence 1 is, in particular:
▪ particularly serious infringement of the GTC,
▪ fraudulent or other particularly serious unlawful activities in the use of the offer of DFR
▪ transmission of wrong or misleading information to DRF
▪ fraudulent, illegal, or otherwise abusive use of offers of DFR
▪ causing damage and otherwise damaging DFR or other clients or partners of DFR
▪ unauthorized distribution, reproduction, publication, or other use or processing of material (e.g. upload to YouTube, etc.)
(2) You are authorized to terminate your agreement at any time; transmission of proper termination by email to info@dancingforrhinos.co.za suffices for valid receipt of the termination and your profile will be deleted in the DFR Community.
5. Voluntary contractual cancellation policy
You purchase services/items with DFR as a consumer, thus you are entitled to a statutory cancellation right. Please refer to our Refund Policy.
Voluntary cancellation right
You are authorized to cancel your contractual declaration in text form (by letter or email) within two weeks without stating reasons. The deadline commences upon online transmission of the purchase. Timely dispatch (postmark date/date of the email) of the cancellation suffices for compliance with the cancellation deadline.
Cancellation must be addressed to Dancing for Rhinos, email info@dancingforrhinos.co.za
Waiver of the cancellation right
A transfer/transmission/provision of Goods or other services takes place only after expiration of the cancellation period. Insofar as a transfer/transmission/provision is desired by the you already prior to expiration of the cancellation period, you herewith expressly waive its cancellation right.
Consequences of cancellation
In the event of a valid cancellation of the contractual declaration, the benefits received by both parties must be returned and benefits of use must be surrendered; in particular, any goods already delivered must be returned. In the event that you cannot return the received benefits to us either in full or in part or only in a deteriorated condition, no refund of payment will be conducted. Obligations to reimburse payments must be satisfied within 30 days. The deadline commences after receiving of goods.
6. Server availability
The DFR website and sub-domains are operational 24 hours, 7 days a week, with an annual average availability of 90%. Excluded here from are downtimes caused by maintenance and software updates as well as periods during which the service cannot be reached on the Internet due to technical or other problems that are not within the scope of responsibility of DFR (force majeure, fault of third parties, etc.). In order to be able to use the DFR service to the full extent, you must use the respective most updated (browser) technologies or enable their use on your computer (e.g., activating JavaScript, cookies, pop-ups). The use of DFR services may be limited when using older or not commonly used technologies.
7. Liability exclusion, other liability
(2) The use of the DFR websites and sub-domains is at your own risk. DFR is not liable for damages arising from the use of the websites insofar as this is legally permissible. Despite up-to-date virus scan, liability for damages and impairment by computer viruses is excluded within the scope of statutory provisions. DFR is furthermore not liable for defects in the quality of access to the service based on force majeure or based on events that are not within the scope of responsibility of DFR. DFR is furthermore not liable for third parties gaining knowledge of your personal data without authorization (e.g. by unauthorized access of hackers to the database).
(3) For the rest, DFR is liable for damages excluding damages to life and limb only insofar as such are based on willful or grossly negligent conduct or culpable infringement of an essential contractual obligation (e.g. delivery to the client) by DFR, its employees, or vicarious agents. This also applies to damages arising from the violation of obligations in contractual negotiations as well as the execution of tortious acts. Any further liability for compensation of damages is excluded.
(4) With the exception of the violation of life and limb or willful or grossly negligent conduct of DFR, its employees or vicarious agents, liability is limited to damages typically foreseeable upon conclusion of the contract and for the rest limited to the amount of average damages typical for this type of contract.
(5) DFR is not liable for damages of any kind arising on the basis of data losses on computer servers, with the exception of grossly negligent or intentional misconduct of DFR, its employees, or vicarious agents. Your stored content constitutes third-party information for DFR in terms of the Telemedia Act. Links are available on the Internet offer of DFR. DFR upon the initial linking reviewed the content under the respective link for unlawful content. DFR is not responsible for third party content available through links. If DFR finds or is informed that a linked offer features unlawful content, this link will be deleted.
8. Data protection
(1) DFR collects and uses the data voluntarily transmitted by you only within the scope of statutory provisions.
(2) You expressly consent in case of a monthly donation subscription to receive monthly correspondence from DFR. Should you wish not to receive any correspondence in regards of your monthly donation subscription please inform DFR in writing.
(3) The detailed provisions regarding data protection are available in our Privacy Policy.
9. Miscellaneous
a) Trademark and copyright law
(1) In the relationship with you, DFR is the sole holder of all rights regarding reproduction, distribution, processing, and all copyrights as well as the sole holder of the right to nonphysical transfer and production of the DRF websites as well as the contents contained therein, of other developed services, and protective rights. The use of all rights and the contents, materials, as well as brand and trademarks contained therein (e.g., the designation DFR and the associated logo) is permitted exclusively for the purposes listed in these GTC. The use without express authorization by DFR represents a violation of these GTC and may result in a blocking or deletion of all services.
(2) You retain all rights to the content uploaded by you (e.g., in the DFR community) and bear sole responsibility. With regard to this content, DFR receives only the rights necessary in connection with the publication and use of the content on the DFR platform.
(3) Infringements of the copyright, trademark, and other ancillary copyrights are pursued by DFR and DFR reserves the right to delete or deactivate, at its own discretion, any content for which a corresponding violation was reported and to block the profiles of repeat offenders.
b) Prices and fees
(1) Usage of the platform www.dancingforrhinos.com is free of charge.
(2) Prices and fees are paid through online payment service providers or remittance from the clients own bank account. You are obligated to bear any payment processing fees or possible expenses in connection with exchange rate conversions. The payment service providers are enterprises that are independent of DFR. DFR does not accept any responsibility for their services and possible damages or claims arising therefrom.
(3) Insofar as you make payments to DFR (e.g. within the scope of the acquisition of products), DFR shall accept those only if they are paid by your own person for your own account. Payments to DFR on your behalf by third parties are not possible (prohibition of third-party payments). In individual cases, DFR may approve third-party payments; you are obligated to obtain an exemption from DFR prior to initiating payment through the third party.
c) Notifications and messages
Notifications by DFR are disclosed through the official notification channels of the company or to the email address disclosed by you upon purchase. You are responsible for keeping your contact information up to date at any time.
d) No guarantees/modification, restriction of services of DFR/transfer to third parties
(1) Your access to the website and the services of DFR is at your own risk.
(2) DFR is authorized to modify the website and services offered by DFR free of charge without prior announcement or liability.
(3) DFR reserves the right to limit the use of services including the ability of contacting other members through the website if DFR is of the opinion that such violate contractual or legal obligations or the services are otherwise abused.
(4) DFR does not guarantee
i. that within the scope of the competent jurisdiction under your national law it is legal for you to use the services of DFR or to advertise such or to participate in any activities of DFR;
ii. that access to the DFR website is at any time faultless and interference-free, timely, or secure and that defects are rectified (cf. in this regard also Clause 5 of the Terms of Use);
iii. that the marketing material or other information is complete, correct, or reliable.
(5) DFR reserves the right to transfer, assign, sublicense or pledge, in whole or in part, its business, individual assets hereof or individual rights and obligations under this Client Agreement to third parties without prior notice, provided that the third party also complies with applicable contract and other laws.
e) Agreements with third parties
DFR will from time to time conclude agreements with third parties, which represent external service providers, and which provide the software/technology/IT for products or services to you. You are obligated to comply with the terms and conditions of these third parties insofar as such are connected to the DFR website or linked to the respective third-party website. These terms and conditions may change at any time. You will be informed in advance of any change.
f) Applicable law and jurisdiction
(1) Your legal relationship with DFR is subject to the law of the domicile of DFR. Compulsory provisions of the state in which your habitual residence is located remain unaffected.
(2) Any disputes arising in connection with the services of DFR are subject to the jurisdiction of the domicile of DFR. Compulsory provisions of the state in which your habitual residence is located remain unaffected.
g) Closing provisions
(1) Modifications or amendments of these GTC require the written form. This also applies to the cancellation of the written form requirement.
(2) A possible invalidity or incompleteness of a clause of these Terms of Use does not void the agreement overall. Rather, the invalid clause is to be replaced with a clause that is valid and comes as close as possible to the economic intent of the invalid clause. The same applies in the event of gaps requiring regulation.
(3) DFR may change these Terms of Use as well as the privacy policy at any time. You will be informed of any significant change prior to the coming into force of such in a form specified for messages notifications.
(4) You can download the current terms of use at any time free of charge as a PDF file.
Status of the General Terms and Conditions: 27.01.2021