Subscriber Agreement

Inyathelo Funding Prospects Database: fundingfinder Subscriber Agreement

Inyathelo-The South African Institute for Advancement (“Inyathelo”) provides an online funding prospect database service.  The functions, facilities and services related to this ("the Service") are subscription-based and offered via Inyathelo’s website.  This website is at the URL www.inyathelo.org.za. The Service is described in paragraph 15.1 of this Agreement and is for use solely by individuals and/or entities who are authorised by Inyathelo to use it. As used in this Subscriber Agreement ("Agreement"), the terms "you," "your" and "Subscriber" refer to the individual, organisation or other legal entity with whom this Agreement is concluded.

This Agreement sets forth the terms and conditions upon which Inyathelo will accept your application to be a subscriber of the Service.  This Agreement further outlines the terms and conditions relating to your responsibilities as a Subscriber. If your application to become a Subscriber is accepted by Inyathelo, you agree to be bound by, and use the Service in strict accordance with, all of the terms and conditions contained in this Agreement.

This Agreement is between you and Inyathelo. Inyathelo may be reached through the following e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it.

Use of the Service signifies your agreement to all of the terms and conditions set forth in this Agreement, and your agreement to modifications made to the terms and conditions of this Agreement in accordance with paragraph 13 of this Agreement.


1.

 

Subscription Services and Fees

 

1.1

The subscription service provided through the Service is described in paragraph 15.1 below. Each subscription provides access to the database (the "Database") and is available as an annual subscription at the rate set forth in paragraph 15.4.1 below, subject to Inyathelo's right at any time to increase or otherwise modify the Subscription rates and/or types of Subscriptions available. Notice of changes in the subscription rates and/or types of subscription services will be sent to Subscribers via e-mail notification, or will be posted on Inyathelo's website.

2.

 

User Name and Password

 

2.1

Subscribers will select their preferred identification code ("User Name") and password ("Password") at the time of application to become a Subscriber. The User Name and Password selected will be required by you to access your Subscription to the Service. Subscribers may access the Service using only their User Name and Password and may not permit any other person to access the Service by use of the Subscriber's User Name or Password. Subscribers shall not disclose their Password to any other person or entity and shall make all reasonable efforts to maintain their Password as secret and confidential.

 

2.2

Subscribers are solely responsible for maintaining the confidentiality of their Password, and for all use, whether authorised or unauthorised, of the Service under their User Name and Password.

 

2.3

Subscribers must promptly inform Inyathelo if they suspect any breach of security regarding use of the User Name or Password including, but not limited to: loss, theft, or unauthorised disclosure or use of any User Name or Password used in connection with the Service. Until such time as Inyathelo is properly notified of a breach of security by e-mail notice at This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it. or by telephone at +27 21 465 6981, the Subscriber shall be responsible and liable for any unauthorised use of the Service occurring under the Subscriber's User Name and Password and for any damages flowing therefrom.

 

2.4

Logs of all accesses to the Service may be kept by Inyathelo and log-ins from more than three (3) distinct second-level domains shall constitute proof of violation of a Subscriber's obligation not to disclose his/her/its Password, and may result in Inyathelo's termination of the Subscriber's access to the Service without notice or warning.

 

2.5

REMEMBER YOUR USER NAME AND PASSWORD! If you forget either of these, Inyathelo may disclose them to you under security procedures determined by Inyathelo, which may result in significant delays in your access to the Service.  Inyathelo shall not be liable, or in any way responsible, for damages or negative impacts to the Subscriber resulting from such suspension of access to the Service.

3.

 

Subscriber Rights

 

3.1

This Agreement constitutes a non-exclusive, non-transferable license to use the Service in strict accordance with the provisions of this Agreement.

4.

 

License Rights

 

4.1

Upon your acceptance as a Subscriber, and subject to the restrictions in paragraph 5 below, you are hereby granted a non-exclusive license to:

 

   4.1.1

use the Service to perform searches of the Database included in your Subscription; and

 

   4.1.2

print hard copies of any search output that does not contain a significant segment of the Database(s), which copies:

 

      4.1.2.1

may be used by the Subscriber for the Subscriber's use and benefit only;

 

      4.1.2.2

may not be sold or distributed.

 

4.2

The license rights granted herein are limited to the Subscriber and do not extend to any subsidiary, parent, related or affiliated organisation/s, or to any third party. All rights not expressly granted in this Agreement are reserved to Inyathelo.

5.

 

Restrictions

 

5.1

Subscribers shall not sell, distribute, loan, lease, or commercially exploit the Service or Database, nor any search output from the Service or Database, nor shall the Subscriber create any derivative work using the Database or the Service.

 

5.2

The Subscriber shall not transfer, assign, cede or sublicense this Agreement or any of the Subscriber's rights hereunder without the prior written permission of Inyathelo.

6.

 

Personal Information

 

6.1

You acknowledge and agree that Inyathelo may use other information about you which Inyathelo obtains either directly from you or which it obtains by the nature of your use of the Service as permitted by paragraph 8.2 of this Agreement.

7.

 

Proprietary Materials

 

7.1

The Service contains copyrighted material, trademarks, and other proprietary information of Inyathelo (collectively "Proprietary Material"), including, but not limited to, logo, text, software, photos, graphics, and images. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.

 

7.2

Except as otherwise expressly permitted by this Agreement, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercial exploitation of any Proprietary Material is permitted without the express permission of Inyathelo. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

8.

 

Subscriber Information

 

8.1

For purposes of identification, billing, and marketing, Subscribers agree to provide Inyathelo with accurate, complete, and updated information required at the time of registration as a Subscriber ("Registration Data"), including your legal name, address, telephone number(s), e-mail address, and applicable payment data, and other information. Inyathelo reserves the right to verify the accuracy of this information prior and subsequent to providing access to the Service. You agree promptly to notify Inyathelo of any change in your Registration Data. You are referred to paragraph 15 below for details on notifying Inyathelo of these changes. Failure to comply with this provision may result in immediate suspension or termination of your license to use the Service.

 

8.2

Inyathelo reserves the right to reveal any Registration Data or other information in its possession regarding Subscribers in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.

9.

 

Indemnification

 

9.1

You agree to indemnify, defend, and hold harmless Inyathelo and its trustees, directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates") from and against any and all liability and costs (including attorneys' fees and costs) incurred by Inyathelo and/or the Affiliates in connection with any claim arising out of any breach by you of any provision of this Agreement.

 

9.2

You agree to cooperate as required by Inyathelo in the defence of any such claims. Inyathelo reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of Inyathelo.

 

9.3

In the event of your failure to abide by the terms of this Agreement or breach any of the conditions contained herein, Inyathelo or its duly appointed nominee shall be entitled at its sole discretion, to instruct its attorneys to ensure that the terms of this agreement are adhered to and the conditions contained herein enforced.

 

9.4

Should Inyathelo or its duly appointed nominee instruct its attorneys to institute proceedings as a result of any breach by you and your failure to adhere to the conditions contained herein, then and in such event, Inyathelo's or Inyathelo's nominee's attorneys shall recover all costs in connection with the enforcement of the terms of this agreement on a scale as between attorney and own client, which costs shall include travel expenses, tracing fees, qualifying expenses and similar costs occasioned and incurred as a result of any breach of this agreement as aforesaid.

10.

 

Limitation on warranties

 

10.1

The service and the database are provided "as is" without warranty of any kind, whether express or implied, including but not limited to any warranty as to the accuracy, completeness, currency, reliability, or content of any information or material provided by or through the service, and the implied warranties of commercial application and use for any particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, currency, correctness, or validity of any information or material provided by or through the service vests in the Subscriber.

 

10.2

Inyathelo does not warrant that the functions of the Service will meet the Subscriber's requirements or that the operation of the Service or the Database will be uninterrupted or error-free.

 

10.3

Inyathelo shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Service or the Database.

11.

 

Limitations on liability and remedies

 

11.1

Inyathelo is not and shall not be liable for any claim, injury, or damage arising from the use or inability to use the service. This disclaimer of liability includes, but is not limited to, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication failure, theft or destruction or unauthorised access to, alteration of, or use of records, programmes or files, whether for breach of contract, delict, negligence, or under any other cause of action.

 

11.2

In no event shall Inyathelo be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of income, donor funding or profits, arising out of the use or performance of the Service, even if Inyathelo has been advised of the possibility of such damages.

 

11.3

In the event that any of the limitations on liability or remedies contained herein are found to be invalid by a court of competent jurisdiction, in no event shall Inyathelo's damages thereunder exceed the total fees paid to Inyathelo by the Subscriber under the license granted herein during the twelve months immediately preceding the date on which any such cause of action arose.

12.

 

Termination

   

Inyathelo may without notice and in its absolute discretion and for any cause which it may, in its sole and unfettered discretion determine, terminate the right of any Subscriber to access the Service at any time. The recital in this Agreement of specific grounds entitling Inyathelo to terminate a Subscriber's right to access the Service shall in no manner whatsoever limit Inyathelo's absolute right to terminate the Subscriber's access to the Service under this paragraph.

13.

 

Modifications of Agreement or Service

 

13.1

Inyathelo has the right, in its sole and unfettered discretion, to vary this Agreement in any manner and at any time, without notice or liability. Any modification shall be effective immediately upon the earlier of either of the following:-

 

   13.1.1

notice by electronic mail to the e-mail address last provided to Inyathelo by the Subscriber; or

 

   13.1.2

fifteen days following the date that the modified Agreement is first posted on Inyathelo's website.

 

13.2

Your continued use of the Service following its effective date shall be conclusively deemed an acceptance of all such variation(s).

 

13.3

Your only right with respect to any dissatisfaction with any variations made pursuant to this provision, or any policies or practices of Inyathelo in providing the Service, including, without limitation,

 

   13.3.1

any changes in the content of the Service, or

 

   13.3.2

any change in the amount or type of fees, charges, or assessments payable under this Agreement,
is to terminate your Subscription and continued use of the Service by delivering proper notice thereof to Inyathelo in accordance with the instructions provided in paragraph 15.7 below. Such notice will be effective at the end of your current billing cycle, as set forth in paragraph 15.7.2 and 15.7.3 below.

 

13.4

Inyathelo may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service-related change or elimination is to terminate your Subscription and continued use of the Service by delivering proper notice to Inyathelo in accordance with the instructions provided in paragraph 15.7 below. Such notice will be effective at the end of the current subscription period, as set forth in paragraph 15.7.2 and 15.7.3 below.

14.

 

General

 

14.1

Failure by Inyathelo to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision contained herein or any of Inyathelo's rights hereunder.

 

14.2

This Agreement, and all other aspects of a Subscriber's use of the Service, shall be governed by and construed in accordance with the laws of the Republic of South Africa. All claims and disputes arising out of this Agreement or your use of the Service may in Inyathelo's sole and unfettered discretion be submitted to and resolved by binding arbitration, subject to the Rules and Regulations, and under the auspices of the Arbitration Foundation of Southern Africa (www.arbitration.co.za). No demand for arbitration, action or application of any kind or nature arising out of this Agreement, or out of any use of the Service by a Subscriber, shall be brought by either Inyathelo or any Subscriber after more than one year after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator or the presiding Judicial Officer, as the case may be, shall be final and binding. In any arbitration proceeding or action or application to enforce the arbitrator's award or judgement of the presiding judicial officer, as the case may be, the party prevailing will be entitled to all legal costs incurred on a scale as between attorney and own client which costs shall include, collection commission, tracing fees, travel expenses and all qualifying expenses, related to or associated with such legal costs incurred.

 

14.3

This Agreement constitutes the entire agreement between you and Inyathelo with respect to the Service and supersedes all prior agreements or understandings between you and Inyathelo with respect thereto and shall not be capable of or subject to variation save as provided for herein.

15.

 

Subscription Services, Fees and Policies

 

15.1

The subscription Services currently available through the Service are:

 

   15.1.1

Inyathelo-The South African Institute for Advancement’s online funding prospects database, which provides Subscribers with access to a database of information on donors who make grants in South Africa.

 

15.2

You are responsible for all fees and charges resulting from use of the Service. All amounts are to be paid in South African Rands (ZAR).

 

15.3

Inyathelo reserves the right to increase any fees, charges, or assessments and to institute new fees at any time by notifying Subscribers via e-mail or posting a notice on Inyathelo's Website.

 

15.4

Terms and conditions
The terms and conditions relating to Subscription feesand policies are as follows:

 

   15.4.1

The database is made available to non-profit organisations, institutions and individuals on an annual subscription basis.  Subscription fees may change annually or at Inyathelo’s discretion, but are differentiated for non-profit organisations and for individuals/ institutions.  Each of these two categories is defined below:
non-profit organisations (including non-governmental organisations (NGO); community-based organisations (CBO); faith-based organisations (FBO); Section 21 companies; non-profit companies; Trusts registered with Master of the Supreme Court and/or any other Voluntary Association that is formally constituted and not-for-profit.  Proof of non-profit status may be requested.
Individuals include, but not limited to, independent fundraisers and/or fundraising consultants.
Institutions include as universities, museums and hospitals.
In all instances an organisation’s subscription is a single-user subscription only unless a multi-user subscription is requested. A multi-user subscription would apply to an organisation with a number of branches and would give authorised access to the Database to each branch. Multi-user rates can be negotiated in consultation with Inyathelo.

 

   15.4.2

Invoicing Process and Procedures

   

Your annual Subscription fee must be paid through Inyathelo’s online payment gateway, or by EFT (internet transfer) into Inyathelo's bank account.  Subscriber names must be referenced on any EFT payment so that we can easily track payments belonging to the Subscriber. 

 

   15.4.3

Registration and Subscription Confirmation

   

Once you have submitted your subscription application, a confirmation request will be sent to the e-mail address provided on your registration form. If paying online, your subscription to the Service will be activated on clicking the confirmation mail link. If paying by internet transfer (EFT) into Inyathelo’s bank account, you will receive a notification of your subscription application. However, a 3 – 5 working day delay will apply following EFT payment and subscription will be activated on confirmation of receipt of payment.  Note: If you have not received e-mail confirmations during the Subscription and payment process, please notify us by sending an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it.

 

   15.4.4

Annual Subscription payment

   

You will receive two renewal notices, the first approximately two months prior to the end of your current Subscription year and the second notice approximately one month prior to the end of your current Subscription year. Your payment of the renewal fee set forth in the renewal notice will be required before the end of your current Subscription year, or your Subscription will automatically terminate at that time.

 

15.5   

Access to the Subscription Service

   

Upon the successful completion of your registration process and payment, you may use the Database included in your Subscription. As an active Subscriber, you can access your Subscription at any time by clicking on the link below:
Website home page - www.inyathelo.org.za

 

15.6

User Name and Password

 

   15.6.1

Confidentiality - Upon successful completion of your registration and payment process aforesaid, you may enter Inyathelo's Website through its home page, using the User Name and Password you chose during the registration process. You will need to enter your User Name and Password at this location each time you use the Database. Your User Name and Password are reserved exclusively for your use. Please keep these confidential in accordance with the terms of this Agreement.

 

   15.6.2

Forgotten Passwords - Should you forget your Password, please use the “forgotten password” link at the Service, or contact Inyathelo.

 

   15.6.3

Account Enquiries - You will be asked to supply your User Name and Password to Inyathelo when you inquire about your account.

 

15.7

Terminating Your Subscription

 

   15.7.1

If you wish to terminate your Subscription, you must do so by contacting Inyathelo, in writing, either by sending an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it. or writing to: Inyathelo-The South African Institute for Advancement, PO Box 43276, Woodstock, 7915 Cape Town.

 

   15.7.2

If you terminate your subscription prior to the activation of your account, but after you have received an invoice from Inyathelo and made payment for the subscription, an administration fee of 25% will be levied to cover costs incurred. The balance owing to you will be refunded to your nominated bank account. No interest will be credited to you for the period during which the funds have been held by Inyathelo.

 

   15.7.3

Termination and your billing cycle:  As noted in paragraph 15.4 above, your account is billed and payable in advance each year, on the anniversary of your Subscription commencement date. It is important to note that Subscriptions are not prorated. Once you notify Inyathelo that you wish to terminate your Subscription, you will not be invoiced at the next annual invoicing cycle. Example: if you are on an annual Subscription and your start date is 1st January and you notify Inyathelo on 1st August of the next year to terminate your Subscription, your account would have already been invoiced through the end of your annual cycle (31st December). You would be able to continue using the Service through the end of your current Subscription period, and your account would be terminated on that date.

 

   15.7.4

Confirmation of account termination: Once you have notified Inyathelo that you wish to terminate your Subscription, Inyathelo will automatically send a confirmation notice to your e-mail address. This notice will include your Subscription end date which should be saved for future reference.

 

   15.7.5

Involuntary termination/non-compliance: Inyathelo reserves the right to terminate your Subscription at any time, based on non-compliance with any terms and conditions set forth in this Subscriber Agreement or for any reason which Inyathelo may, in its sole and unfettered discretion, determine.

 

   15.7.6

Re-subscribing: If you voluntarily terminated your Subscription, you may re-subscribe at any time to any subscription service provided through the Service, as long as your account was in good standing at the time of termination. To do so, visit Inyathelo-The South African Institute for Advancement at www.inyathelo.org.za, click on the link to Subscribe and follow the instructions.

 

15.8

Changing Your Account Information
In addition to changes to your account referenced above, such as User Name/Password information, you should report any change in your contact information immediately (address, telephone, e-mail address) to Inyathelo.

 

15.9

Contact Information and Subscription Enquiries
Inyathelo is available to respond to your questions Monday through Friday, between 09h00 and 16h00.

  1. E-mail: send e-mails to This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it.
  2. Telephone: +27 21 465 6981 / Fax: +27 21 465 6953
  3. Send all postal correspondence to:
    Inyathelo-The South African Institute for Advancement
    PO Box 43276
    Woodstock, 7915
    Cape Town

16.

 

Confidential Information

 

16.1

For the purposes of this clause and the interpretation of this Agreement "Confidential Information" shall mean all information which:

 

   16.1.1

pertains to the subscription service disclosed, revealed or exchanged by Inyathelo to the Subscriber, and which pertains to, but is not limited to all intellectual property rights, all trade secrets, all agreements (whether in writing or not) which exist at the time of revealing the content thereof to the Subscriber, the content of all possible future agreements which Inyathelo intends to enter into with any other party, all knowledge obtained by way of research and development, irrespective of whether the aforementioned information that is revealed is applicable to technical, business or financial aspects of Inyathelo;

 

   16.1.2

any information of whatever nature, which has been or may be obtained by the Subscriber from Inyathelo, whether in writing or in electronic form or pursuant to discussions between the Parties, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas; and

 

   16.1.3

analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition; and

 

   16.1.4

any dispute between the Parties resulting from this Agreement; and

 

   16.1.5

any fault or defect in any aspect of the business of Inyathelo, irrespective of whether Inyathelo knows about such a fault or defect.

17.

 

Obligations of the Subscriber
The Subscriber shall:

 

17.1

use the Confidential Information referred to in paragraph 16 above only for the Purpose of the Subscription;

 

17.2

treat and safeguard the Confidential Information as private and confidential;

 

17.3

ensure proper and secure storage of all Confidential Information;

 

17.4

not at any time without the prior written consent of Inyathelo:

 

   17.4.1

disclose or reveal the Confidential Information to any other person or party whatever, other than employees of the Subscriber who are in each case required in the course of their duties to receive and consider the same for the Subscription and who shall be made aware of the obligations of the Subscriber to observe the same restrictions on the use of the Confidential Information as are contained in this Agreement and in respect of whom the undertakings of the Subscriber as contained in this Agreement shall apply and the Subscriber shall take such steps as may be reasonably desirable to enforce such obligations on the part of its employees; or

 

   17.4.2

disclose or reveal to any person or party whatever either the fact that discussions or negotiations are taking, or have taken, place between the Subscriber and Inyathelo or the content of any such discussions or other facts relating to the Subscription, except where required by law or any governmental, international or regulatory body;

 

17.5

not at any time use the Confidential Information to solicit or entice away or endeavour to solicit or entice away any suppliers to, customers or any other subscribers to the Service or any employees of Inyathelo, either to join the Subscriber or for any other purpose other than the Subscription service provided to the Subscriber in terms of this Agreement;

 

17.6

notwithstanding any lesser degree of protection that may otherwise be permissible hereunder, where any Confidential Information may be subject of any National, International or Government Security Regulations, the Subscriber shall, and hereby undertakes to, take such measures as may be required by such Regulations to protect such Confidential Information;

 

17.7

not in any way force Inyathelo to be obliged to disclose, reveal or exchange any information to the Subscriber for purposes other than enabling the Subscriber to fulfil its obligations hereunder to provide Inyathelo with the information required by Inyathelo in terms of this agreement with specific reference to paragraph 8 above.

 

17.8

not create the impression with or lead any third party to interpret or construe any condition contained in this Agreement, that this Agreement is an Agency Agreement and/or Partnership Agreement and/or any other similar arrangement;

 

17.9

not allege that this Agreement grants him/her/it, either directly, or by implication, or by estoppel or otherwise a license under any patent or patent application, or that he is entitled to utilise the Confidential Information in any way contrary to the stipulations contained in this Agreement;

 

17.10

on termination of this Agreement, act with the Confidential Information, in accordance with a Notice delivered to him by Inyathelo and if no such Notice was delivered to the Subscriber, the Subscriber shall destroy the Confidential Information in a similar manner to which the Subscriber would destroy information that the Subscriber would consider to be the Subscriber’s own Confidential Information.