Clause headings are for reference only and do not affect interpretation. Unless the context indicates otherwise, any gender includes the other, a natural person includes a legal person and vice versa, and the singular includes the plural and vice versa.

Agreement means this Agreement, as amended from time to time. Fund Your Passion is the Podium Pursuit crowdfunding platform operated and managed in South Africa by ProTouch Sports (Proprietary) Limited, Company Registration Number 2015/151949/07. Commencement Date is the date on which the Participant electronically accepts these Terms and Conditions.

Confidential Information covers all information of a confidential, sensitive or proprietary nature, including the terms of this Agreement, marketing and strategies, research, product plans, products, services, inventions, processes, formulae, technology and other information relating to either Party. Intellectual Property means a product of the intellect that has commercial value, including copyrighted property and intangible property such as patents, names of origin, methods and processes.

Law means common law, legislation, regulations and any subsidiary legislation prevailing from time to time in the Republic of South Africa. the Parties means Fund Your Passion, the Participant or Campaign Owner, and Supporters or Contributors, and their respective authorised agents and representatives.

Personal Information means information relating to an identifiable, living, natural person. Site or Platform means the fundyourpassion.protouch.africa website and any third-party payments application or website. Services means the Site and the services available through it. Participant or Campaign Owner means a person or association that utilises the Services to create a Campaign. Campaign means a fundraising campaign set up by a Participant or by ProTouch Sports on behalf of a Participant. Supporter or Fan means a person, company or association that contributes to a Participant's Campaign.

By using the Site and Services, the Participant agrees to the legally binding terms and conditions in this Agreement. We reserve the right to change these terms from time to time. If the Participant continues to use the Services after a change, the Participant accepts the new terms.

To register and create a Campaign, the Participant must be a minimum of 18 years of age. If the Participant is under 18, parental or legal guardian consent and supervision is required. On creating an Account, the Participant agrees that the information provided is accurate and correct, and agrees not to impersonate anyone else or choose names that are offensive or that violate anyone's rights.

Fund Your Passion is designed for athletes, teams and sports organisations pursuing high-performance competitive objectives. It is not designed for charity campaigns. We reserve the right to validate a Participant's age and information, and to cancel any Account or unpublish any Campaign that does not comply with these terms. The Participant is responsible for all activity on their Account and for keeping passwords confidential.

The Fund Your Passion Platform makes use of third-party payment providers to route transactions and optimise the crowdfunding effect of the campaign. A fee of 5% is charged to the donating Participant at checkout to cover administration, marketing and payment provider fees. This is referred to as a "Donor Admin Fee" on the receipt. We reserve the right to adjust these fees from time to time.

On completion of the campaign we deduct any other fees agreed with the Campaign Owner, prior to settling the campaign funds to the authorised beneficiary.

The Participant may terminate their Account at any time. All provisions of this Agreement survive termination, including our rights regarding any of the Participant's content. We will use reasonable efforts to remove the Campaign from the Site in a timely fashion, at our sole discretion.

We reserve the right to reject, cancel, interrupt, remove, or suspend any Account at any time and for any reason. We are not liable for any damages as a result, and it is our policy not to comment on the reasons for any such action.

By setting up a campaign on the Site, the Participant grants us permission to use or copy this content to promote it on our channels for maximum effect. The Participant is responsible for the content posted and agrees that it is accurate and correct. We reserve the right to edit, modify, reformat, excerpt, delete, or translate any content to make it effective, and such edits will be shared with the Campaign Owner.

Participant content shall not contain third-party copyrighted material or material subject to other third-party proprietary rights, unless the Participant has permission from the rightful owner or is otherwise legally entitled to post it. The Participant warrants that our use of their content will not infringe or violate the rights of any third party, including privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

The Parties agree to respect all of our intellectual property, information, and restrictions provided through the Services, and not to change, translate, or otherwise create derivative works of the campaign content.

Any Intellectual Property rights, including those contained in material or documentation prepared, created or authored for Fund Your Passion in terms of this Agreement, shall belong exclusively and in totality to Fund Your Passion.

Except as allowed in this Agreement, the Parties undertake to ensure that all Confidential Information remains confidential and is not used for any purpose other than fulfilment of their respective obligations, or as required by Law. The Parties shall take all reasonable steps to ensure the safe custody and confidentiality of any Confidential Information.

Neither Party may disclose the other Party's Confidential Information. Confidential Information does not include information generally available to the public or known on a non-confidential basis, or which must be disclosed in terms of any Law. Neither Party may disclose the existence of the relationship between the Parties in any marketing or advertising without written authorisation. These confidentiality provisions survive termination.

The Parties will have access to Personal Information as part of performance of the Services. Personal Information shall be treated as confidential and used only to provide the Services and as allowed by applicable Law.

The Parties shall ensure that their directors, members, employees, contractors and agents comply with these confidentiality provisions and any applicable Law, and shall comply with all applicable Law in respect of the storage and security of Personal Information. This clause survives termination.

The Parties understand that the Consumer Protection Act, 2008 ("CPA") promotes and advances the social and economic welfare of consumers in South Africa. To the extent that the CPA includes the actions of either Party, this Agreement may be amended to ensure compliance.

The CPA dictates a number of marketing practices, particularly in respect of direct marketing, which the Parties undertake to comply with. Where any other Law comes into being that may affect the rights and obligations of the Parties, the provisions of this clause shall apply.

Fund Your Passion may cede any and all of its rights or delegate its obligations under this Agreement, either absolutely or as security, to any other person without the written consent of the other Party.

Neither Party shall have any claim against the other (the "Affected Party") for any delay or failure to carry out its obligations arising from acts of God, war, terrorism, government, labour action or unrest, failure of suppliers or contractors, or any other cause beyond the control of the Affected Party.

Performance of the Affected Party's obligations is suspended for as long as the force majeure lasts, commencing on the date of written notice to the other Party. When the force majeure ends, this Agreement again becomes fully operative and the Affected Party immediately resumes performance.

The Parties acknowledge that all records and information are owned by and remain the sole property of Fund Your Passion.

Each Party (the "Indemnifier") indemnifies the other against all and any Loss incurred or suffered in respect of, or caused by, any breach by the Indemnifier of its obligations under this Agreement, and which arises from the negligence, wilful default, or failure to comply with Law on the part of its employees or agents.

Fund Your Passion reserves the right at all times to disclose any information as necessary to satisfy any Law and, to the extent allowed in Law, to protect its rights or property.

This Agreement constitutes the entire agreement between the Parties with regard to the subject matter. No failure or delay by Fund Your Passion to enforce any provision constitutes a waiver. If any term is found invalid, unlawful, or unenforceable, it will be severable from the remaining provisions, which remain in full force and effect.

Each Party acknowledges that it does not rely on any representation, warranty or other provision except as expressly provided. This Agreement is governed by, construed, and interpreted in accordance with the laws of the Republic of South Africa. We may give the Participant notices by posting on the Site or by sending them to the Participant's Account or email address on file. All notices to us shall be sent via email to info@protouch.africa.

By creating an Account, launching a Campaign, or contributing to a Campaign on the platform, the Participant confirms that they have read, understood, and agreed to be bound by these Terms of Use.