Legal | Hope Africa Collective

Hope Africa Collective is a registered 501(c)(3) charity (Federal Tax ID 26-4147492) in the United States of America.

Hope Africa Collective is a registered Not for Profit, Public Benefit (NPO, PBO, NPC) organization. Donations to Hope Africa Collective are therefore tax-deductible for South African donors, in accordance with the provisions of Section 18A of the Income Tax Act, 1962. Hope Africa Collective’s ownership/legal structure is that of a Broad-Based Trust, as per the B-BBEE codes of the Broad-Based Black Economic Empowerment Act 53 of 2003, amended and gazetted in October 2013. (NPO No.: 126-989; NPC Registration: 2013/090493/08; PBO Registered)

This Curriculum License Agreement (the “Agreement”) is entered into by and between Hope Africa

Collective, NPC, a registered Non-Profit Company and Public Benefit Organization located in Cape Town,

South Africa (“Licensor”), and the entity or individual identified above and in the signature block

(“Licensee”). Licensor and Licensee may each be a “Party” and together the “Parties.”

1 Purpose and Definitions

The Parties desire to support holistic spiritual, personal, vocational, and economic development through the

authorized use of Hope Africa Collective educational resources.

“Curriculum” means the curriculum selected in Schedule A, together with its facilitator guides, participant

resources, implementation materials, documentation, and any updates supplied by Licensor during the

Term. “Authorized Users” means Licensee’s employees, officers, volunteers, and facilitators who require

access solely to deliver Licensee’s approved internal programs and who are bound to protect the Curriculum.

“Training Group” means an organized group under the same organization using the Curriculum under

Licensee’s supervision. “Support Services” means separately offered training, coaching, implementation

assistance, resources, or subscription-based support that is not included in this Agreement unless expressly

stated in a separate written agreement.

2 Grant of License

Subject to Licensee’s payment of the License Fee and continuing compliance with this Agreement, Licensor

grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license during

the Term to use the selected Curriculum solely for Licensee’s internal educational, training, workshop,

ministry, or community-development activities. No ownership interest is transferred. All rights not expressly

granted are reserved by Licensor.

3 License Deliverables

For each curriculum selected in Schedule A, the license itself includes only the following items, to the extent

Licensor makes them available for that curriculum during the Term:

• Authorized internal use by Licensee and its Authorized Users;

• The applicable facilitator guides, participant resources, and implementation materials identified by

Licensor; and

• Curriculum updates issued by Licensor during the active Term.

Support Services are separate from the Curriculum license and are not included in these deliverables or in

the License Fee.

Hope Africa Collective, NPC • Cape Town, South Africa • Page 1HOPE AFRICA COLLECTIVE | CURRICULUM LICENSE AGREEMENT

4 Permitted Use and Authorized Users

Licensee may use the Curriculum in its original form to conduct its own programs. Copyright notices,

trademarks, credits, and proprietary notices must remain intact. Licensee may train its own Authorized

Users to facilitate the Curriculum. Licensee may not use the Curriculum to train, certify, or equip persons

from another organization without Licensor’s prior written approval. Licensee is responsible for each

Authorized User’s compliance and must restrict access when an individual no longer requires it.

5 Restrictions

Except as expressly permitted in this Agreement or approved in advance in writing by Licensor, Licensee

shall not:

• Copy, reproduce, modify, adapt, translate, abridge, combine, or create derivative works from the

Curriculum;

• Sell, resell, sublicense, distribute, rent, lease, lend, donate, assign, transfer, or otherwise provide the

Curriculum to any third party;

• Share logins, files, links, or access with anyone outside Licensee’s approved organization;

• Upload, post, publish, or make the Curriculum available on any public website, social-media platform,

open file-sharing service, public learning platform, or other publicly accessible system;

• Upload substantial Curriculum content to, use it to train or fine-tune, or permit it to be reproduced,

adapted, summarized for distribution, or used to create a competing curriculum through any generative

artificial-intelligence, machine-learning, or similar automated system, except for ordinary authorized

internal use expressly approved in writing by Licensor;

• Remove or obscure any copyright, trademark, authorship, confidentiality, or proprietary notice;

• Use the Curriculum, or a modified version of it, for resale or as the basis of a competing curriculum,

product, or commercial offering; or

• Represent that Licensee owns the Curriculum or is authorized to sublicense, accredit, or certify third

parties.

6 Support Services

From time to time, Licensor may offer optional training, coaching, implementation assistance, resources, or

other subscription-based support services. Unless expressly stated otherwise, those services are separate

from this Agreement and require separate selection, acceptance, pricing, payment authorization, and service

terms. Purchasing or accepting the Curriculum license does not enroll Licensee in, or authorize payment for,

any Support Services. Ending Support Services does not by itself terminate this Agreement, and ending this

Agreement does not eliminate payment obligations already accrued under separate Support Subscription

Terms.

7 Quarterly Impact Reporting

Licensee shall submit a complete impact report to Licensor no later than thirty days after the end of each

calendar quarter during the Term, including quarters in which no activity occurred. The report may be

submitted through the Hope Africa Collective website portal or another method designated by Licensor. Each

report must identify the reporting period and provide:

• Number of active Training Groups;

• Number of individual participants enrolled;

• Number of participants completing the Curriculum;

• Number of active facilitators;

• Number of male participants and number of female participants involved; and

• City or cities in which participants are located.Hope Africa Collective, NPC • Cape Town, South Africa • Page 2HOPE AFRICA COLLECTIVE | CURRICULUM LICENSE AGREEMENT

Licensee shall maintain reasonably accurate supporting records throughout the Term. Upon reasonable

written request, Licensee will clarify or correct a submitted report. Failure to submit a required report

within the stated period constitutes a breach of this Agreement and may affect continued access to updates,

license-related benefits, renewal, or any separately purchased support.

8 Stories of Transformation Photographs and Privacy

Licensee is encouraged, but not required, to submit at least one testimony, photograph, or success story with

its quarterly report when available. Before submitting any personally identifiable story, image, quotation, or

other personal information, Licensee must obtain all legally required, informed written permissions and

consents, including consent from a parent or legal guardian for a minor where required.

Licensee shall collect, process, secure, transfer, and report personal information in accordance with

applicable privacy and data-protection law, including the Protection of Personal Information Act, 2013

(POPIA), where applicable. Licensee should submit aggregated statistics unless individual-level information

is specifically requested and lawfully authorized. Submission of a story or photograph does not by itself

grant Licensor public-use rights; any external publication remains subject to the scope of the consent

obtained and any separate written permission required.

9 License Related Benefits

While Licensee remains in good standing, submits required reports, pays all amounts due, and complies with

this Agreement, Licensor may make the following license-related benefits available, subject to capacity and

then-current program requirements:

• Curriculum updates during the active license Term;

• Priority notice of new curriculum releases; and

• Recognition as an active Hope Africa Collective curriculum licensee or Impact Partner, at Licensor’s

discretion.

Coaching, learning forums, webinars, individualized assistance, implementation services, staff development,

outcome-tracking support, and similar services are available only if included in separately accepted Support

Subscription Terms or another written service agreement. Except for curriculum updates expressly included

under Section 3, the benefits in this Section are program features rather than guaranteed services and may

be changed or discontinued by Licensor upon reasonable notice.

10 Ownership and Intellectual Property

All right, title, and interest in and to the Curriculum—including all copyrights, trademarks, trade secrets,

designs, formats, methods, documentation, revisions, and other intellectual-property rights—remain solely

with Licensor or its licensors. The Curriculum is protected under South African law and applicable

international treaties.

Any feedback or suggestions voluntarily provided by Licensee may be used by Licensor without restriction

or compensation, provided Licensor does not publicly identify Licensee as the source without permission.

Licensee may not use Licensor’s name, logo, or marks in advertising, fundraising, certification, or public

statements except to truthfully identify the licensed Curriculum, and then only in accordance with written

brand guidance supplied by Licensor.

11 Confidentiality and Safeguards

The Curriculum contains confidential and proprietary information. Licensee shall use reasonable

administrative, technical, and physical safeguards to prevent unauthorized access, copying, disclosure, or

use. Licensee shall promptly notify Licensor of any known or suspected unauthorized access, loss, disclosure,

or misuse and shall reasonably cooperate in mitigating the incident.Hope Africa Collective, NPC • Cape Town, South Africa • Page 3HOPE AFRICA COLLECTIVE | CURRICULUM LICENSE AGREEMENT

12 Term Fee and Renewal

This Agreement begins on the Effective Date and continues for two years unless terminated earlier under

Section 13 (the “Term”). In consideration for the curriculum license only, Licensee shall pay Licensor ZAR

100 (One Hundred Rand) in accordance with the applicable invoice or written payment instructions. This

License Fee does not pay for, enroll Licensee in, or authorize any charge for Support Services.

Continued use after the Term requires a written renewal approved by Licensor. Renewal may be conditioned

on timely reporting, compliance, payment of outstanding amounts, updated terms, and a revised license fee.

No renewal occurs automatically.

13 Suspension and Termination

Licensor may suspend access or terminate this Agreement by written notice if Licensee breaches it. Where

the breach is capable of cure and does not involve unauthorized copying, distribution, disclosure,

infringement, unlawful conduct, or a material threat to the Curriculum, Licensor may allow ten business days

to cure. Licensor may terminate immediately for an incurable breach or for a breach involving intellectual-

property misuse, confidentiality, public distribution, sublicensing, or unlawful conduct. Licensee may

terminate by written notice, but fees already due or paid are non-refundable unless Licensor agrees

otherwise in writing or applicable law requires otherwise.

14 Effect of Expiration or Termination

Upon expiration or termination, Licensee shall immediately cease using the Curriculum; stop all training

based on it; disable access; and return or permanently destroy all copies in its possession or control, except

one archival copy retained solely where required by law. Upon request, Licensee shall provide written

certification of compliance. Sections concerning ownership, restrictions, confidentiality, privacy, accrued

payment and reporting obligations, disclaimers, liability, and general legal terms survive to the extent

necessary to give them effect.

15 Disclaimer of Warranties

The Curriculum and any license-related materials are provided “as is” and “as available.” To the fullest extent

permitted by law, Licensor disclaims all express and implied warranties, including merchantability, fitness

for a particular purpose, accuracy, results, and non-infringement. Licensee remains responsible for

determining whether the Curriculum is appropriate for its participants, context, safeguarding obligations,

and applicable legal or regulatory requirements.

16 Limitation of Liability

To the fullest extent permitted by law, Licensor shall not be liable for indirect, incidental, special, exemplary,

punitive, or consequential damages, or for loss of profits, revenue, goodwill, data, or opportunity, arising

from or relating to this Agreement or use of the Curriculum. Nothing in this Agreement excludes or limits

liability that cannot lawfully be excluded or limited.

17 General Terms

Governing Law. This Agreement is governed by the laws of the Republic of South Africa.

Statutory Rights. Nothing in this Agreement limits any cooling-off, cancellation, refund, or other right that

applies under the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act

68 of 2008, or other applicable law.

Assignment. Licensee may not assign, delegate, or transfer this Agreement or any right under it without

Licensor’s prior written consent. Any attempted transfer in violation of this provision is void.

Hope Africa Collective, NPC • Cape Town, South Africa • Page 4HOPE AFRICA COLLECTIVE | CURRICULUM LICENSE AGREEMENT

Independent Parties. The Parties are independent contracting parties. This Agreement does not create a

partnership, joint venture, agency, employment, franchise, or fiduciary relationship.

Notices. Formal notices must be in writing and delivered by hand, recognized courier, or email to the

addresses stated below or to a replacement address notified in writing. Notice is effective when received.

Entire Agreement and Order of Priority. This Agreement, including its schedules and any written order or

invoice expressly incorporated into it, is the entire agreement concerning the Curriculum and supersedes

prior discussions or communications. Separate Support Subscription Terms govern Support Services. If there

is a conflict about Curriculum rights, this Agreement controls unless a later writing expressly states that it

amends a specified provision.

Amendment and Waiver. Any amendment must be in writing and signed by both Parties. A waiver on one

occasion is not a waiver on another.

Severability. If any provision is held invalid or unenforceable, it will be enforced to the greatest lawful

extent, and the remaining provisions remain effective.

Counterparts and Electronic Signatures. This Agreement may be signed in counterparts and by electronic

signature, each of which is deemed an original and all of which form one instrument.

Donor Disclaimer

(Applicable to all donations and all donors involved with Hope Africa Collective NPC) The Organization (Hope Africa Collective NPC) ensures that all personal data collected, processed and stored is done in strict compliance with the Protection of Personal Information Act 4 of 2013 (“POPI”) and the Organization’s Privacy Policy. The Organization has strict policies around the sharing and processing of children’s personal information, as well as any individual data subject over the age of 18 (eighteen). Whilst these policies are strict on sharing of personal information, Donors will, however, become privy to some of the personal information held by the Organization and thus must ensure that the shared personal information is, inter alia, adequately protected and not unlawfully processed. Any individual data subject over the age of 18 (eighteen) or child[ren]’s personal information shared with you[1] as a donor of the Hope Africa Collective NPC (“HAC”) must not be misused, abused or unlawfully processed or stored by the Donor. Instead, the personal information shared, which personal information will be limited to only that which is necessary or applicable to the donor’s involvement with the individual data subject over the age of 18 (eighteen)and/or child[ren] and/or with the Organization and is for the legitimate purpose of ensuring that the individual data subject over the age of 18 (eighteen) or child[ren]’s academic and personal progress can be monitored by the Donor, must be considered as highly confidential and sensitive information. The Organization confirms and warrants that it has received the necessary consent from the individual data subject over the age of 18 (eighteen) or the child[ren]’s parent or legal guardian(s) allowing the Organization to share the personal information with the Donor. To this end, HAC prohibits any Donor from using or relying on any of the personal information shared with it to further any unlawful activity or prohibited conduct in terms of POPI. HAC does not condone the misuse or illegal processing of any personal information and as responsible party, must ensure that the personal information is being collected, stored and processed in term of POPI. No further processing shall be done without the prior and requisite consent of the parent or legal guardian. HAC reserves the right to recover any personal information shared with a Donor and/or request that the Donor delete any personal information in its possession. By agreeing to this disclaimer, the Donor agrees to adhere to any reasonable instruction/request given by the Organization in respect of the personal information shared with the Donor. Notwithstanding the Donor agreeing as mentioned above, the individual data subject over the age of 18 (eighteen) and/or child[ren] and/or their parents or legal guardians (as the data subject) will have remedy against any Donor who has unlawfully processed and/or shared the personal information in terms of POPI. In the circumstances, HAC confirms that its Donors are integral to the Organization and its scholars. As such, HAC thanks you for your continued support and looks forward to building on years of success stories as we collectively assist our scholars with a brighter future, while ensuring that their personal information is secure and protected. For any further information, please feel free to visit our website at https://www.hope-africa-dev.local/ or contact the Organization at [email protected]. [1] Personal Information is 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, colour, 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; or biometric information of the person.

This policy (hereinafter the “Privacy Policy”) has been with the view for the protection of any informationsubmitted 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 , 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 Behaviour (“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 in order 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 reach 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 in the event that 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;

1) 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 561310 / Orlando, FL 32856 Ph: 407-288-8032 4) CANADA c/o The Great Commission Foundation #3 T/C Plaza / 1335 Trans Canada Way SE Medicine Hat, Alberta T1B 1J1

the purpose for which the information is being collected;
Please see clause 2.1-2.2
whether or not 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 utilise the site if information is not submitted.

any particular law authorising 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 [email protected] . 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 as a result of unauthorised 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.

Website Terms of Use of Hope Africa Collective (hereinafter “HAC”)

THE RELATIONSHIP BETWEEN YOURSELF (“the User”) AND HAC (“the Provider”) WITH RESPECT TO THE DOMAIN www.hopeafrica.com, and all domains associated with the Provider (hereinafter KNOWN AS “THE WEBSITE”) IS REGULATED BY THESE TERMS OF USE AND THE PRIVACY POLICY (“the Terms”). THE TERMS BECOME A BINDING CONTRACT, AND COME INTO EFFECT AS SOON AS THE USER HAS ACCESS TO THE WEBSITE. IF THE USER SO REFUSES TO ACCEPT THE WEBSITE TERMS OF USE THE ONLY OPTION FOR SUCH A USER IS TO DESIST FROM UTILISING THIS WEBSITE, WHICH INCLUDES A PROHIBITION OF THE FOLLOWING, INCLUDING BUT NOT LIMITED TO, THE DISPLAY, USE, DOWNLOADS, INCLUDING COPYING AND DISTRIBUTING ANY CONTENT OF THE WEBSITE.

REVISED VERSIONS OF THE TERMS

The Provider may amend, alter, add or omit any provisions of the Terms without the consent of the User. The Terms are consequently operational as soon as the same have been uploaded or posted on the Website.

Details of Services

3.1 The User agrees that the Website will be solely used for the following purposes: 3.1.1 for the User to surf or browse for more information pertained to the Services that the Provider offers, which includes but is not limited to Non- Profit services, to become a volunteer / assist in funding of non- profit activities/ other such (“the Services”). 3.1.2 for the User to submit his or her contact details for enquiries related to the Services the Provider so offers as well as feedback on the Service Providers Services.

4.1 The Website and its contents are subject to Copyright ©. This. Includes, however not limited to software, graphics, images, video, and sounds, music the arrangements thereof, designs, enhancements and original designs associated therewith. 4.2 The User is expressly prohibited from copying the Website and the aforegoing contents (as mentioned in clause 4.1) thereof including any composite parts. The User expressly agrees that it will not, modify, recreate, publish, transmit, sell and exploit such contents for commercial gain or otherwise. No further distribution, copying, retransmission, publication or exploitation of a commercial nature of downloaded material is permitted, unless expressly excluded in Copyright Law. In the event such lawful copying takes place references to trademark legends, copyright notices and author attribution shall not be excluded. The Provider and all its associated trademarks, slogans, products and services on the site are the sole property of the Provider, its licensors and suppliers whether such trademarks are registered or unregistered. The User hereby agrees that it will refrain from copying the aforementioned without the express written permission from the relevant owner of the said trademark or the Provider. The User hereby agrees that it will refrain from copying any other intellectual property belonging to other owners; this includes their associated company names, trademarks and other intellectual property. 4.3 The Provider may make changes to the Website the contents thereof, the Terms or the Services provided by it, with or without notice to the User. All associated rights in the Website, the contents thereof are reserved and retained by the Provider as owner thereof. The User agrees that it is not granted any license or any other rights in Intellectual Property Law, which includes, yet not limited to, the law of Trademarks, Patents, or Copyright.

Disclaimer and Limitation of Liability

THE USER EXPRESSLY AGREES THAT USE OF THE WEBSITE WILL BE AT ITS OWN RISK. This Website is owned and controlled by the Provider, all images and content of this site are provided on an “AS IS” basis and EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS THE CASE MAY BE, INCLUDING ANY IMPLIED WARRANTIES FOR ANY PARTICULAR PURPOSE, ANY SPECIFIED FORM OR QUALITY OR FURTHER WARRANTIES OF MERCHANTABILITY, except those warranties which are implied by and incapable of restriction modification or exclusion under the laws applicable to this agreement. THE USER FURTHERMORE EXPRESSLY AGREES TO THE FOLLOWING aspects:

Usage and Storage Practices

THE USER AGREES THAT THE PROVIDER IS TO BE HELD HARMLESS AND TO BE INDEMNIFIED FROM THE RESPONSIBILITY OF THE DELETION OF, OR FAILURES TO EITHER STORE OR TRANSMIT ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE PROVIDER. THE PROVIDER RESERVES THE RIGHT TO CREATE LIMITS ON THE STORAGE AND USE OF THE WEBSITE IN ITS SOLE DISCRETION AT ANY TIME SUMMARILY WITH OR WITHOUT NOTICE; 5.2 Indemnification In Respect Of Contents of the Website THE USER FURTHER AGREES THAT THE PROVIDER, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, PRESCRIBED OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS ARE TO BE HELD HARMLESS AND EXEMPT FROM ANY LIABILITY, AND SO APPLIES TO DAMAGES OR INJURIES HOWEVER SO ARISING, WHETHER IN CONTRACT, IN DELICT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR OTHERWISE CAUSED BY ANY FAILURE OF THE WEBSITE, whether caused by unauthorised access, loss of communications, theft, inaccuracy of data provided to the User, including any viruses, spyware or any other disabling and or damaging features (“Third Party Content”) that impact the functionality or availability and use of the Website, causing destruction or damage to the entire content of the Website, parts thereof or the functionality thereof. THE PROVIDER TAKES NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, AND THE PROVIDER IS UNDER NO OBLIGATION TO MONITOR SUCH CONTENT. THE USER FURTHER AGREES THAT SERVICES THAT ARE PROVIDED TO THE USER ARE ON AN AS IS AND AS AVAILABLE BASIS. THE USER FURTHER AGREE TO HOLD THE PROVIDER, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, PRESCRIBED OFFICERS, AGENTS AND/OR THIRD PARTY CONTENT PROVIDERS HARMLESS FOR THE FOR THE AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR RELIABILITY OF THE SERVICES OR INFORMATION ON THE WEBSITE OR ANY OTHER CLIENT SOFTWARE. THE PROVIDER ALSO RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE SERVICES OR WEBSITE USE WITH OR WITHOUT NOTICE AT ANY TIME AND WITHOUT ANY LIABILITY TO THE USER. 5.3 Impossibility of Performance Neither party shall be liable in circumstances caused that is beyond their reasonable control, including without limitations riots, acts of God, war, embargoes, acts of the military, civil authorities, fires, floods or accidents, network failures, software failures, internet and telecommunications failures, power outages and/or failures in third party service providers that adversely impact the use of the services and the Website provided by the Provider and the functionality of the site. The party affected thereby will notify the other party in writing 14 days after the occurrence of above. The agreement will thereafter be suspended till the party so affected is no longer prevented from performing its obligations, if any.

User Conduct

The User agrees that it is solely responsible for obtaining all computer hardware and software, telephone line and other equipment needed to access the contents and services of the Website; The User hereby agrees that it will not utilise any data mining robots, packet sniffing methods or any other means of the acquisition or harvesting of data and information; The User agrees that it will refrain from using meta tags or any other hypertext tagging methods referring to the Provider, the Website or any of its associated trademarks or services, unless the express written consent of the Provider is obtained. The User hereby agrees that it will not manipulate the Website in any manner, this includes, however is not limited to, navigational technologies such as website framing methods, unless written consent is obtained from the Provider; The User hereby agrees that all activities it performs on the Website, will be in accordance with and will not contravene any laws and associated regulations (whether intellectual property law, private law, electronic communications and transactions law or otherwise) within the republic of South Africa, and includes international laws, rules and regulations. The Provider reserves the right to summarily terminate the Users access to the Website, and all other services offered by the Provider. The Provider further reserves the right, but no obligation, to enquire or refrain from enquiring as to whether the User’s use of the Website services has violated any laws, rules or regulations in the republic of South Africa or internationally.

Cookies are small pieces of information that are sent via the website server which is stored on the User’s computer/system hard drive so that it may be read back from the computer/system to allow the browser on such a computer and system to “remember” some information from the website, to facilitate a faster browsing time for repeat users. It is stressed that IN THE EVENT THE USER WISHES NOT TO USE THE COOKIE FEATURE, THE USER IS ADVISED TO CHECK WITH ITS BROWSER TO DEACTIVATE THIS FEATURE.

General Provisions
- Should any provisions in the Terms be declared null and void by a competent authority, such a declaration or ruling shall not affect the validity of the provisions surviving such a declaration or ruling.
- The laws of the republic of South Africa apply to these terms and conditions.
- All notices and legal services must be served on the Provider at its physical address, and not via fax or email.

Privacy.

9.1 The Provider endeavours uphold the Users privacy, which is of utmost importance and priority. All User personal information will be treated as confidential. Please view our privacy policy (hyperlink). The Provider as stated above, with respect to the Services it provides will receive various types of information from the User who obtains access to the Website, which includes personal information as stated in the in the Promotion of Access to Information (“PAIA”), Act 2 of 2000, and as detailed in section 1 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (“Personal Information”). 9.2 During the course of the provider’s interactions with the User, Provider may collect, store and use (“Process”) Personal Information electronically. Such Processing includes: 9.2.1 Personal Details of the User, which includes the Users Name, address, telephone numbers, email addresses, the users for the purposes that are related to the Services of the Provider (see clause 3 above); 9.3.2 If the user is a Juristic person or other similar entity all the relevant details of such an entity, such as its registered address, Company registration numbers, contact details such as telephone numbers, and email addresses; 9.3.3 THE USER EXPRESSLY CONTENTS TO THE PROCESSING OF PERSONAL INFORMATION AS STATED IN THE PRIVACY POLICY. THE USER DECLARES THAT IT HAS READ, AND THAT IT KNOWS AND UNDERSTANDS THE CONTENTS OF SUCH A PRIVACY POLICY, AND THAT SUCH A POLICY FORMS PART AND PARCEL OF THE TERMS. 9.3 The provider voluntarily subscribes to section 51 of ECTA, and the principles of protection of personal information, as described in the Protection of Personal information Act 4 of 2013; 9.4 In the event the User feels that the Provider is not adhering to clause 9.3 then the user should communicate this fact by electronic mail to [email protected]. The Provider will evaluate the Users representations, and if in the opinion of the Provider, using its sole discretion, a corrective action is necessary, it will take such remedial actions as it sees fit. The Provider will communicate its findings to the User in such cases within a reasonable period. ONCE AGAIN, CONSULT THE PRIVACY POLICY TO SEE WHAT THE PROVIDER DOES WITH YOUR INFORMATION AS USER. IT MUST BE STRESSED THAT THE PROVIDER WILL NOT PROCESS INFORMATION BEYOND THE INTENDED PURPOSE. 9.5 DESPITE SUCH AN UNDERTAKING ANY INTERNET BASED COMMUNICATIONS MAY BE INTERCEPTED. WITHOUT ENCRYPTION USAGE INTERNET, BASED COMMUNICATIONS ARE SUSCEPTIBLE TO INTERCEPTION AND FORGING. THE PROVIDER WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER SUCH DAMAGES ARE GENERAL, SPECIAL, DIRECT OR INDIRECT, WHETHER IN DELICT, CONTRACT OR OTHERWISE, AS A RESULT OF THE TRANSMISSION OF CONFIDENTIAL OR DISCLOSED INFORMATION THAT THE USER MAKES TO THE PROVIDER THROUGH THE INTERNET, OR ANY SUCH COMMUNICATIONS THE USER EXPRESSLY OR IMPLICITLY MAKE, OR ANY SUCH ERRORS OR CHANGES THAT ARE MADE TO ANY TRANSMITTED INFORMATION DUE TO INTERNET BASED COMMUNICATIONS.

Further Representations and Warranties.

User warrants and represents that all the information provided by it when utilising the services of the Provider, is true, current and correct.

Links to Other Sites

The Provider does not take any responsibility for any links to any other third party websites. The Provider does not warrant the reliability of such third party websites which may be placed on the site from time to time, and BY CLICKING ON SUCH LINKS TO THIRD PARTY WEBSITES, USER ACKNOWLEDGES THAT IT DOES SO AT ITS OWN RISK. THE PROVIDER IS IN NO WAY AFFILIATED, OR RESPONSIBLE FOR WHAT THE CONTENTS OF SUCH SITES ARE, NOR DOES THE PROVIDER ENDORSE SUCH THIRD PARTY LINKS, this is merely done for the sake of convenience. User further agrees that it is prohibited from using the Providers logo associated, any associated proprietary information and it associated trademarks whether registered or not, without permission in writing from the Provider. ANY BUSINESS OR DEALINGS THAT TAKE PLACE ON SUCH THIRD PARTY SITES ARE BETWEEN THE USER AND THAT THIRD PARTY. THE MERE FACT THAT THE PROVIDER IS A CONDUIT OF ANY BUSINESS OR DEALINGS, WHETHER THEY STEMMED FROM THE SITE, ANY BUSINESS DEALINGS, SERVICES AND ASSOCIATED WARRANTIES OR GUARANTEES THE USER RECEIVED FROM SUCH A THIRD PARTY SHALL IN NO WAY MEAN THAT THE PROVIDER SHALL BE HELD LIABLE, AND USER AGREES TO HOLD THE PROVIDER HARMLESS AND EXEMPT IN SUCH DEALINGS.

Entire Agreement

This Agreement constitutes the entire agreement between the User and the Provider and governs the User’s utilisation of the Website, superseding any prior agreements between the User and the Provider. The User may also be subject to additional terms and conditions that may apply when the User uses or purchases certain other services that the Provider offers including affiliate services, third-party content or third party software.

Waiver

Any failure by the Provider to enforce these terms or any rights associated therewith, or other such rights shall not constitute a waiver of such terms or rights.

General

Applicable law

This Agreement is governed by South African law. 14.2 Severability If any provision in the Terms are declared unenforceable or null and void by any court or similar authority or competent jurisdiction, the same shall not affect the remaining terms and condition of these standard terms and conditions, which shall remain valid and binding on the parties.

Compulsory Information In Terms of the Electronic Communications and Transactions Act 25 of 2002.

Company name: Hope Africa Collective
the contact details and address of the Responsible Party;

This License Agreement ("Agreement") is entered into by and between Hope Africa Collective, NPC, a registered Non-Profit Company and Public Benefit Organization located in Cape Town, South Africa ("Licensor"), and the entity or individual agreeing to these terms ("Licensee").

1. Grant of License

Licensor hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable, revocable license to use the educational curriculum and all associated content, materials, and documentation (collectively, the "Curriculum") solely for Licensee’s internal educational purposes.

2. Term and License Fee

Term of License: This license is granted for a period of two years (2 years), beginning on the Effective Date of this Agreement.

License Fee: In consideration of the license granted herein, the Licensee agrees to pay a license fee in the amount of ZAR 100 (One Hundred Rand), payable to Hope Africa Collective under the terms and conditions provided separately or in an attached invoice. Renewal of this Agreement after the specified term is subject to approval by the Licensor and may require renegotiation of the terms and/or fee.

3. Ownership and Copyright

All rights, title, and interest in and to the Curriculum, including any copyright, trademark, trade secret, and other intellectual property rights, shall remain solely with Hope Africa Collective. The Curriculum is protected under South African copyright law and international copyright treaties.

4. Restrictions

Licensee shall not: - Copy, reproduce, modify, adapt, translate, or create derivative works from the Curriculum; - Distribute, sell, sublicense, rent, lease, lend, or otherwise transfer the Curriculum to any third party; - Share access to or disclose the Curriculum, in whole or in part, to any individual, group, or entity outside the Licensee’s approved organization; - Post or publish the Curriculum or any part thereof in print or digital formats accessible to the public or third parties.

5. Permitted Use

Licensee may use the Curriculum solely for its own internal use in conducting educational training, workshops, or related activities. The Curriculum must be used in its original form unless otherwise approved in writing by the Licensor.

6. Confidentiality

The Curriculum contains confidential and proprietary information. Licensee agrees to maintain the confidentiality of the Curriculum and to take reasonable precautions to prevent unauthorized disclosure or use.

7. Termination

Licensor may terminate this Agreement immediately upon written notice if Licensee breaches any provision of this Agreement. Upon termination, Licensee shall cease all use of the Curriculum and return or destroy all copies in its possession.

8. Disclaimer of Warranties

The Curriculum is provided "as is" without warranty of any kind. Licensor disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, or non-infringement.

9. Limitation of Liability

In no event shall Licensor be liable for any indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, or data, arising out of or related to this Agreement or the use of the Curriculum.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements or communications.