Terms & Conditions

Candystick Terms & Conditions
Updated on 28 June 2017

Please read these terms & conditions carefully. Organisers, contributors and beneficiaries must accept the terms & conditions (at least the parts relevant to them) when they make use of or benefit from the Candystick service. You will be required to accept them during the registration process.

 

Who is who?
‘We ‘are Candystick (Pty) Ltd (registration number 2015 / 015200 / 07)
If you are the person who created the Moneybox we refer to you as an ‘organiser’. If you are donating to a Moneybox we refer to you as a ‘contributor’. If you are the lucky recipient of a Moneybox you are a ‘beneficiary’. When a term applies to all of these persons, we will use ‘you’.


Our services
Our service is aimed at making collecting money for gifts, events, projects or charity easy and convenient. You have two options. Candystick allows organisers to create Moneyboxes in which identified contributors can donate funds in order to reach a target by a certain date. Candystick contacts the prospective contributors to invite them to participate and reminds them to donate. This is called a private Money Box and it is the default setting. You can also create a public Moneybox. That is when you invite the public to donate to your cause and your Moneybox is displayed on our website. The same rules apply (except when we say otherwise).

Moneyboxes can be converted into cash and paid directly into a South African bank account or they can be used to purchase products from our partners. The Moneyboxes can be given to a beneficiary or used by the organiser directly to buy a gift or to organise an event.

If you have questions about our services, please visit our FAQs or contact us.


Our commission
We are funded by commission. It works like this:

  • A commission of R5 is charged on all donations. So, if you want to donate R100 to the Moneybox, you must donate R105.
  • If a Moneybox is converted into cash we retain a commission of 5.5% on the redeemed amount.
  • If a Moneybox is used to make a purchase from a partner store you do not pay a commission.

Registration and privacy
Registration will differ depending on whether you are an organiser, contributor or the ultimate beneficiary of the Moneybox. We only collect the information that we need and want to make registration as quick and painless as possible.

When you register, we will ask you to provide your personal information to us. We only collect what we need and will not share your information without your consent unless we are legally required to share or need to share your information in order to provide our service. If you want to know more about how your information is used, please read our privacy policy. By accepting these terms & conditions you agree that we can process your information to provide our services.

We reserve the right to request additional information or to verify your identity if we think it is necessary.

Make sure that you give us accurate information and that you update your profile if your information changes. If you don’t, we may not be able to deliver our services.

If you fail to provide us with the requested information you will not be able to make use of the services.

Never send us sensitive information such as banking details or passwords by e-mail as it is not secure.

By using our website you warrant and represent that you are over 18 years old. If you are not (or if you are not authorised to enter into a binding agreement for another reason), then you may only use our services with the involvement and supervision of your parent or legal guardian. If this is the case, your parent or legal guardian agrees to be bound to these terms & conditions and to be liable for all of your obligations to us.


Rules of use


Organiser responsibility: The organiser is solely responsible for the all matters relating to the Moneybox. This includes ensuring that the Moneybox comply with these terms & conditions and any applicable laws (e.g. Laws relating to intellectual property, consumer protection and fundraising licences). The organiser can make all decisions relating to the Moneybox (eg. the organiser can make changes to the target amount and date). The organiser must ensure that the Moneybox goes to the correct beneficiary or is used for the purpose (e.g. an event or gift) for which the money was collected. We take no responsibility for the way in which funds are used by the organiser and will not refund contributors, because they are not happy with the administration of the Money Box. The reason for this is that there is an independent contract between the contributors and the organiser relating to the purpose of their donation. We are simply providing a platform for that transaction. If this contract is breached it is a matter between the organiser and the contributors.

If any claims are instituted against CandyStick relating to a Moneybox, we will hold the organiser liable for any loss or damage we may suffer (including consequential loss). In legal terms, the organiser indemnifies Candystick against all claims, complaints, legal actions, fines, harm to any person, damage to property and any consequential losses) connected to the Moneybox.


Multiple Moneyboxes: Any one organiser can only create a maximum of 10 open boxes at any one time.

Creating a Moneybox: In order to create a Moneybox the organiser must indicate the beneficiary (if it is not the organiser), the name of the event (eg. a gift, a contribution towards an event or activity, a donation for a charity etc.), the target amount (optional), the target date and the e-mail or facebook address of each prospective contributor.

Changes to a Moneybox: The organiser will be able to change he details of the Moneybox (except the name/purpose) online after the Moneybox is created. However, the target date can only be delayed for two 14 day intervals (i.e. Moneyboxes cannot remain open indefinitely). Contributors will be notified of changes to a Moneybox.

Contacting contributors: We will contact contributors to invite them to make a contribution and we will remind them at regular intervals to make their contribution if they have not done so yet. They will always have the opportunity to stop us from communicating with them. We will inform the organiser if a contributor has unsubscribed. We will not update contributors’ e-mail addresses or inform the organiser if any of the e-mail addresses provided are incorrect or out of date.

Contributing to a Moneybox:
When the contributor makes a donation, the contributor gives the organiser the right to use the donation to finance a gift or event either by converting the box into cash or by making a purchase on a partner site.

Redemption of the Moneybox: Moneyboxes can only be redeemed after the target date. Moneyboxes can be converted to cash and paid into the organiser or beneficiary’s bank account or they can be used to purchase goods from our partners. The Moneybox can be redeemed in one go, or in parts. If the Moneybox must be converted into cash by the organiser or the beneficiary, the funds will be paid into the bank account of the organiser or the beneficiary (who must be the accountholder). Note that payments can only be made into a South African bank account.

Failure to redeem within 90 days from target date:
The Moneybox must be redeemed within 90 days from the target date. If the Moneybox is not redeemed a cash payment will be made to the organiser. If this is not possible (e.g. if we do not have accurate banking details for the organiser) then we will send the organiser an e-mail once to the current e-mail address according to our records requesting instructions. We will not make any further efforts to contact the organiser or the beneficiary. Contributors will not be refunded if the organiser cannot be paid or found or if the organiser does not respond to our e-mail. If a Moneybox has not been redeemed after 3 years from the target date we will donate the funds to a charity of our choice.

Refund of donations:
Contributors are entitled to request a refund for any reason before the target date. A fee of R5 will be deducted from the donation.

Cancelling a Moneybox: A Moneybox can be reviewed and temporarily suspended or cancelled at any time at Candystick’s sole discretion. In most cases, we will use this option if the Moneybox does not adhere to these rules of use or if we suspect illegal activity. If we think it is appropriate, we will give the organiser an opportunity to make submissions to us before cancelling a Moneybox. However, we reserve the right to cancel a Moneybox without notice or having to give reasons. If a Moneybox is cancelled, each donation will be refunded minus a cancellation fee of R5 per donation.

Illegal or offensive language and content: We reserve the right to remove any content which is in some way illegal, harmful, threatening, abusive, harassing, indecent, profane, libellous, hateful, invasive of another’s privacy or which violates any intellectual property rights relating to a Moneybox. If the purpose for which the box was created is offensive, discriminatory or explicit we reserve the right to cancel the Moneybox.

Authorisation: If you are creating a Moneybox on behalf of another person or entity (e.g. a charity), you must have written authorisation to create the Moneybox in their name and to use their trademark and any other intellectual property. We have the right to request proof that you have authorisation.

Fraud, money laundering or other criminal activity: You are not allowed to use the Moneybox for any illegal purposes. We are entitled to investigate and report transactions if we suspect fraud, money laundering or other criminal activity. If we suspect that our services are being used to perpetrate fraud or to launder money we will hand your information over to the authorities.

Donations may be taxable: Note that donations may, depending on the context, be taxable. You should consult with your tax consultant in this regard.


Purchases from our partners
You can access our partners’ websites via our site. You can use the funds in the Moneybox during the payment stage on our partner’s website.

If you do not use all the funds in the Moneybox you will be able to use the balance for another purchase or convert it into cash.

We do not sell our partners’ products or services. All purchases you make are from our partners directly, and they are responsible for the quality of the products or services which they sell. We are also not responsible for the content or accuracy of any of the marketing which is done by partners on our site.

This means that any product warranty and other legal warranties (such as your rights in terms of the Consumer Protection Act) is between you and our partner directly. We are not a party to that transaction.

In the unfortunate event that you experience problems with the product or service you have purchased you must contact the relevant partner directly for assistence. We will not be able to help you.


Candystick does not accept any liability for delays or a failure to deliver the products or services, for the quality of the products or services, for defective products or for any form of harm caused to you by a product or in the course of the delivery of a service.

Exclusion of liability and right to restrict access
While we will take all reasonable steps to ensure that our site is always up and running and your information protected, we cannot guarantee that this will always be the case.

 

Under the circumstances you cannot hold us liable for any interruptions or delays of the transactions executed through the website or for any harm caused by the unauthorised access, theft or destruction of information.

 

We reserve the right to restrict access to or temporarily suspect online access to our services for technical, maintenance or security reasons without compensation. We undertake to limit this type of interruption to a minimum.


These terms & conditions may change from time to time. These amendments will be made available online and will apply to all boxes created after the date on which they were made. This means that you should check these terms & conditions again next time you make use of our services.


Contact us

You can contact us at info@candystick.co.za orcall us at 086 099 5301.

 

Candystick (Pty) Ltd (registration number: 2015/015200/07)
16 Hilton Road
Oranjezicht
Western Cape
8001
www.candystick.co.za

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