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Rev. 0 – 1 January 2026

The Protection of Personal Information Act – Customer Privacy Notice

This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”). At KHULUMA (and including this website) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently, in compliance with POPIA.

About the company

SocialWorkers.Network is a Project by Khuluma MHFA NPC (Reg. No.: 2025/718356/08) – “KHULUMA”

Postal address: PO Box 301, Westville,3630, kwaZulu-Natal, Republic of South Africa

Registered office: 227 Helen Joseph Road, Durban, 4083, kwaZulu-Natal, Republic of South Africa
Phone: +27 87 353 9800
Fax: +27 86 674 1367
E-mail: Hello@KhulumaMHFA.org.za or Webmaster@KhulumaMHFA.org.za
Website: https://khulumamhfa.org.za.

The information we collect

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services accordingly. For this purpose we will collect contact details including your name and organisation.

We collect information about visitors who comment on our site. The information we collect typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).

We collect information directly from you where you provide us with your personal details, e.g. when you register as a subscriber or user via the registration, login and profile pages.

Where possible, we will inform you what information you are required to provide to us and what information is optional.

Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.

For example:

To gather contact information;
To confirm and verify your identity or to verify that you are an authorised user for security purposes (e.g. comments may be checked through an automated spam detection service or if you request a password reset, your IP address will be included in the reset e-mail.).
For the detection and prevention of fraud, crime, money laundering or other malpractice;
To conduct market or customer satisfaction research or for statistical analysis;
For audit and record keeping purposes;
In connection with legal proceedings.

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

Where we have a duty or a right to disclose in terms of law or industry codes;
Where we believe it is necessary to protect our rights.

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Our security policies and procedures cover:

Physical security;
Computer and network security;
Access to personal information;
Secure communications;
Security in contracting out activities or functions;
Retention and disposal of information;
Acceptable usage of personal information;
Governance and regulatory issues;
Monitoring access and usage of private information;
Investigating and reacting to security incidents.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

Definition of personal information

According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, KHULUMA also includes the following items as personal information:

All addresses including residential, postal and email addresses.
Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed above.

Download the Privacy Policy

Please confirm that you agree to our privacy policy

Hide Terms

Effective Date: 2025-09-09

Welcome to Socialworkers.Network (https://socialworkers.network), which is operated by Khuluma MHFA NPC (https://KhulumaMHFA.org.za). By accessing, browsing, or using this website in any capacity, you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions, as well as our Privacy Policy. These terms govern all interactions, transactions, and communications conducted through our website. If you do not accept or agree with any part of these terms, you are prohibited from accessing or using the site and its services.

Your continued use of this website constitutes ongoing acceptance of any updates or modifications to these terms. It is your responsibility to regularly review this document to ensure awareness of any changes. Failure to adhere to these terms may result in suspension or termination of access to our website or services without prior notice.

For questions or clarifications regarding these Terms and Conditions, please contact us at hello@khulumamhfa.org.za. Your use of this site is contingent upon full compliance with all applicable local, national, and international laws and regulations.

1. Introduction

This website is owned and operated by Khuluma MHFA NPC, a company registered in accordance with the laws of South Africa, with its registered place of business at 227 Helen Joseph Rd, Durban, 4083 (Republic of South Africa). For all inquiries, complaints, or feedback, please contact us at hello@khulumamhfa.org.za. Our business hours are Standard Business Hours 9am to 5pm, Weekdays starting Monday to Friday (South African Standard Time), and we strive to respond to all inquiries within 48 hours.

These Terms and Conditions outline the rules, responsibilities, and limitations governing your use of our website and services. By accessing, interacting with, or purchasing products/services through this website, you acknowledge that you have read, understood, and agreed to abide by these Terms. This document also incorporates by reference our Privacy Policy and any additional legal notices that may be published by Khuluma MHFA NPC from time to time.

Khuluma MHFA NPC operates in compliance with the relevant legal frameworks of South Africa, including but not limited to:

Protection of Personal Information Act (POPIA) – Governing the processing, collection, and protection of personal data.
Consumer Protection Act (CPA) – Outlining consumer rights, product guarantees, and responsibilities.
Electronic Communications and Transactions Act (ECTA) – Addressing legal recognition of electronic communications, transactions, and e-commerce activities.

By continuing to use this site, you confirm your understanding that these Terms may be updated periodically to reflect legal changes or business practices. It remains your responsibility to review this section regularly to stay informed of any modifications. Continued use of the website following such updates constitutes acceptance of the amended terms.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

“Website” – Refers to https://socialworkers.network, including all pages, content, tools, software, and services offered by or through Khuluma MHFA NPC, whether accessed via desktop, mobile, or any other platform.
“User” – Refers to any individual, visitor, entity, or representative accessing, browsing, or interacting with the Website, including those who create accounts, purchase products, or engage with Khuluma MHFA NPC’s services.
“Services” – Encompasses all products, resources, digital content, informational materials, software, applications, and tools made available by Khuluma MHFA NPC through the Website, including consultations, purchases, downloads, and subscription-based offerings.
“Personal Information” – Refers to any data, in accordance with the Protection of Personal Information Act (POPIA), that can identify a User, including but not limited to names, email addresses, phone numbers, IP addresses, and payment information.
“Account” – Refers to a personal or business profile created by a User to access specific features, purchase products, or manage personal preferences on the Website.
“Content” – Refers to all intellectual property displayed on the Website, including text, images, videos, logos, trademarks, graphics, software, and audio files, whether owned by Khuluma MHFA NPC or licensed by third parties.
“Third-Party Services” – Refers to external websites, applications, or services linked to or integrated with the Website, for which Khuluma MHFA NPC bears no responsibility.
“Agreement” – Refers to these Terms and Conditions and any additional legal policies or agreements referenced or incorporated by Khuluma MHFA NPC.
“Applicable Law” – Refers to all relevant South African legislation governing the operation of the Website and Services, including but not limited to POPIA, the Consumer Protection Act (CPA), and the Electronic Communications and Transactions Act (ECTA).

3. Privacy Policy and POPIA Compliance

3.1 Personal Information
By using this website, you consent to the collection, storage, and processing of personal information as outlined in our Privacy Policy. Khuluma MHFA NPC is committed to safeguarding your privacy and ensuring compliance with the Protection of Personal Information Act (POPIA). Personal information collected may include, but is not limited to, your full name, email address, phone number, physical address, payment information, IP address, and browsing activity.

All personal data is processed lawfully, fairly, and transparently, ensuring it is collected for specific, explicitly stated, and legitimate purposes. Khuluma MHFA NPC does not collect more data than is necessary for the functioning of its services.

3.2 How Personal Information is Collected
We collect personal information through various means, including:

Direct interactions – When you fill out forms, create an account, or purchase products/services.
Automated technologies – Through cookies, web beacons, and tracking technologies as you interact with the website.
Third-party services – Information shared by payment gateways, marketing platforms, or analytics tools.

3.3 Purpose of Data Collection
Your personal information may be collected and used for the following purposes:

To process transactions and fulfill product or service orders.
To provide customer support and respond to inquiries.
To improve website functionality and user experience.
To send promotional materials, updates, and marketing communications (with the ability to opt-out).
To comply with legal obligations, prevent fraud, and enhance security.

3.4 Sharing and Disclosure of Personal Information
Khuluma MHFA NPC does not sell or rent personal data to third parties. However, personal information may be shared with:

Service Providers – Third parties who perform services on our behalf (e.g., payment processors, couriers).
Legal Authorities – When required to comply with legal obligations, court orders, or government regulations.
Business Transfers – In the event of a merger, acquisition, or sale of assets, where personal data may be transferred as part of the transaction.

3.5 User Rights under POPIA
In accordance with POPIA, users have the following rights:

The right to access their personal data.
The right to request correction or deletion of inaccurate or incomplete data.
The right to withdraw consent for data processing at any time.
The right to object to the processing of personal information for direct marketing purposes.
The right to lodge a complaint with the Information Regulator of South Africa.

To exercise any of these rights, users may contact Khuluma MHFA NPC at hello@khulumamhfa.org.za. Requests will be processed within a reasonable timeframe in compliance with POPIA regulations.

3.6 Data Retention
Personal information will be retained only for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required by law. Upon request, personal data will be securely deleted or anonymized, subject to legal obligations.

3.7 Security Measures
Khuluma MHFA NPC implements robust technical and organizational measures to protect personal data from unauthorized access, alteration, disclosure, or destruction. However, users acknowledge that no system is completely secure, and Khuluma MHFA NPC cannot guarantee absolute security of transmitted data.

3.2 Data Collection
Khuluma MHFA NPC collects personal information to improve service delivery, ensure seamless transactions, and enhance the user experience. The data we collect may include, but is not limited to:

Identification Information – Full name, ID/passport number, and date of birth.
Contact Information – Email address, phone number, and physical address.
Transactional Data – Payment details, billing history, and purchase records.
Technical Data – IP address, device type, browser information, and location data.
Behavioral Data – Information about how you interact with the website, including pages visited, time spent on the site, and product preferences.

Personal data is collected through the following channels:

Website Forms – Registration forms, contact forms, and subscription sign-ups.
Transactional Activity – When you place orders, request support, or participate in promotions.
Cookies and Analytics – We use cookies and tracking tools to monitor website usage and improve functionality. For more details, refer to our Cookie Policy.

Khuluma MHFA NPC processes personal data in accordance with POPIA and ensures that collection is:

Done lawfully, transparently, and fairly.
Limited to what is necessary for the intended purpose.
Used only for legitimate business purposes or to comply with legal obligations.

Personal data will never be sold or shared with third parties without your explicit consent, except in circumstances where disclosure is required by law or necessary for the performance of contractual obligations.

3.3 User Rights
In accordance with the Protection of Personal Information Act (POPIA), users have the right to:

Access Personal Information – Request a copy of the personal data we hold about you.
Correct or Update Information – Request corrections to inaccurate or incomplete data.
Request Data Deletion – Ask for your personal information to be deleted when it is no longer necessary for the purposes collected.
Object to Processing – Object to the processing of your data for direct marketing or profiling activities.
Withdraw Consent – Revoke consent for data processing at any time without affecting the lawfulness of processing prior to withdrawal.
Restrict Processing – Request temporary restriction of processing while accuracy is contested or if processing is unlawful.

To exercise any of these rights, you may contact Khuluma MHFA NPC at hello@khulumamhfa.org.za. We are committed to addressing all data access and modification requests within 30 days, as required by POPIA. Verification of identity may be required to protect the integrity of your data.

If you believe your rights under POPIA have been violated, you may lodge a complaint with the Information Regulator of South Africa at https://inforegulator.org.za/.

4. User Agreement and Acceptable Use

By accessing and using this website, you agree to comply with the terms outlined in this section. Failure to adhere to these terms may result in the suspension or termination of your account, restricted access to the website, and possible legal action.

4.1 Prohibited Activities
Users are strictly prohibited from engaging in the following activities while using Khuluma MHFA NPC’s website:

Engaging in unlawful, fraudulent, or malicious activities, including those that violate South African or international laws and regulations.
Attempting to gain unauthorized access to the website, servers, or any connected systems through hacking, password mining, or other illegal means.
Introducing or distributing viruses, worms, spyware, malware, or any other code that is malicious or designed to interrupt, destroy, or limit the functionality of the website.
Scraping, data mining, or harvesting content from the website without explicit prior consent.
Posting or transmitting offensive, defamatory, abusive, or obscene content that may harm Khuluma MHFA NPC’s reputation or that of other users.
Impersonating other users, falsifying your identity, or misrepresenting your affiliation with any individual or entity.
Attempting to reverse engineer, decompile, or modify the website’s code, design, or any related software.
Exploiting the website for commercial purposes without express authorization from Khuluma MHFA NPC.
Engaging in any activity that disrupts the normal functioning of the website or interferes with other users’ access.

Violations of this section may result in the immediate termination of your account, legal prosecution, and a ban from future access to Khuluma MHFA NPC’s services. Khuluma MHFA NPC reserves the right to investigate any suspected violations and fully cooperate with law enforcement agencies.

4.2 Website Content
All materials displayed or made available on this website, including but not limited to text, graphics, logos, designs, icons, images, videos, and software, are the intellectual property of Khuluma MHFA NPC or its licensors. This content is protected by South African copyright laws, international treaties, and intellectual property statutes.

Without prior written consent from Khuluma MHFA NPC, you may not:

Copy, reproduce, modify, or republish website content for commercial or non-personal use.
Create derivative works based on any part of the website.
Remove or alter any copyright, trademark, or proprietary notices from the website’s content.
Frame, mirror, or embed any part of this website into another site without explicit authorization.

Permitted Use:
Users are allowed to:

Download or print a copy of website pages for personal, non-commercial use, provided that all proprietary notices remain intact.
Share publicly available website content through social media, provided the original source and website URL are credited.

Unauthorized use of website content may lead to civil or criminal penalties. Khuluma MHFA NPC reserves the right to revoke access to any user who breaches these terms and to pursue appropriate legal action.

5. Intellectual Property Rights

5.1 Ownership
All content, design elements, graphics, logos, trademarks, service marks, text, images, videos, software, and other materials displayed on or made available through this website are the exclusive intellectual property of Khuluma MHFA NPC or are used under appropriate licenses. This includes but is not limited to:

Website layout, overall design, and user interface.
Product descriptions, branding, and marketing materials.
Custom graphics, icons, and software features developed by Khuluma MHFA NPC.

The intellectual property contained on this site is protected under South African copyright laws, international intellectual property treaties, and other applicable legislation. Any unauthorized use, reproduction, modification, or distribution of this content, in whole or in part, is strictly prohibited without the prior written consent of Khuluma MHFA NPC. This includes copying source code, reverse engineering, or using automated tools to scrape website data.

Violations of intellectual property rights may result in legal action, including claims for damages, injunctions, and other remedies available under applicable law.

5.2 Limited License
Khuluma MHFA NPC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use this website for personal or internal business purposes, subject to the following conditions:

This license is for individual use and does not permit commercial exploitation of website content, products, or services without prior authorization.
You may not resell, lease, sublicense, or otherwise provide third parties with access to any portion of the website or its contents.
Modifying, adapting, or creating derivative works based on the website’s materials is strictly prohibited without prior consent from Khuluma MHFA NPC.
Embedding, framing, or mirroring any part of the website onto external platforms or websites without explicit written permission is not allowed.

The license granted is revocable at any time, with or without notice, if Khuluma MHFA NPC determines that you have violated these terms or engaged in unauthorized use of intellectual property. Upon termination, you must cease all use of the website and delete any downloaded or stored content obtained from the site.

5.3 Trademarks
All trademarks, service marks, and logos appearing on this website are the property of Khuluma MHFA NPC or their respective owners. Use of these trademarks without express written permission is prohibited. Unauthorized use may result in trademark infringement claims.

Users are prohibited from using Khuluma MHFA NPC’s trademarks in connection with any product or service that is not offered by Khuluma MHFA NPC, or in a manner that may cause confusion among customers or discredit the brand.

5.4 User-Generated Content
By submitting or posting content (including but not limited to reviews, comments, testimonials, images, videos, or feedback) to Khuluma MHFA NPC’s website, social media platforms, or associated services, users grant Khuluma MHFA NPC a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, modify, publish, translate, distribute, and publicly display such content in any medium or format. This includes the right to create derivative works or incorporate the content into marketing campaigns, promotional materials, and other business-related activities.

Users acknowledge and agree to the following:

Ownership and Rights: Users confirm that they either own or have the necessary rights, licenses, and permissions to submit the content. Users must not submit content that infringes on intellectual property rights, copyrights, trademarks, or the privacy of third parties.
No Compensation: Contributions made by users are voluntary, and Khuluma MHFA NPC is under no obligation to provide compensation for the use of user-generated content.
Content Moderation: Khuluma MHFA NPC reserves the right, but not the obligation, to review, edit, or remove user-generated content at its discretion, without notice. This includes content deemed offensive, defamatory, illegal, misleading, or in violation of these Terms and Conditions.
Indemnity: Users agree to indemnify and hold harmless Khuluma MHFA NPC, its affiliates, and employees from any claims, liabilities, damages, or legal costs arising from the content they submit. This includes third-party claims resulting from intellectual property infringement, defamation, or privacy violations.
No Confidentiality: Any content submitted by users will not be considered confidential or proprietary. Khuluma MHFA NPC is not liable for the use or disclosure of such content.

Prohibited Content:

Users are prohibited from submitting content that:

Is false, misleading, or deceptive.
Contains hate speech, discriminatory language, or promotes violence.
Includes personal or sensitive information about third parties without their consent.
Violates applicable laws, regulations, or third-party rights.
Contains viruses, malware, or any other harmful code.

By contributing content, users grant Khuluma MHFA NPC the right to reference or use such content for quality assurance, service improvement, and marketing purposes across all platforms. Users retain ownership of their original content but waive any claims related to its subsequent use by Khuluma MHFA NPC.

6. Consumer Protection Act (CPA) Compliance

The Consumer Protection Act (CPA) of South Africa ensures that all consumers are treated fairly, honestly, and transparently. Khuluma MHFA NPC is committed to upholding the rights of consumers and ensuring compliance with the provisions outlined in the CPA.

6.1 Consumer Rights
In compliance with the CPA, users are entitled to the following rights:

Right to Fair and Honest Dealing: Users have the right to protection from unconscionable, misleading, or deceptive conduct in any transaction. Khuluma MHFA NPC ensures that all advertising and marketing materials reflect accurate descriptions of products and services.
Right to Disclosure and Transparency: All prices, terms of sale, and key product details are clearly displayed to avoid hidden costs or misleading information.
Right to Safe and Quality Goods: Products sold by Khuluma MHFA NPC comply with applicable safety standards and come with manufacturer warranties where applicable. Defective products may be returned, repaired, or replaced as required by law.
Right to Cancel Direct Marketing Transactions: Users have the right to cancel purchases resulting from direct marketing within five (5) business days of receiving the product or concluding the transaction.
Right to Return Goods: If goods are found to be defective, unsafe, or unsuitable for their intended purpose, users may return them for a full refund or exchange within six (6) months of purchase, provided proof of purchase is presented.

Khuluma MHFA NPC ensures that all customer service representatives are trained to handle returns, complaints, and disputes in line with CPA regulations. For further information on your consumer rights, visit the South African Department of Trade, Industry, and Competition website.

6.2 Refund and Return Policy
Customers may return products within 7 days of purchase, provided the following conditions are met:

Products must be unused, undamaged, and returned in their original packaging.
Proof of purchase (receipt or order confirmation) must accompany all returns.
Certain items, such as perishable goods, personalized products, and downloadable software, are non-refundable unless defective.

Refunds are processed within 14 days of receiving returned items. Shipping fees for non-defective returns may be the responsibility of the customer. Khuluma MHFA NPC reserves the right to inspect returned goods to verify eligibility before issuing refunds.

For more information, please refer to our detailed Returns and Refund Policy page or contact our customer service team at hello@khulumamhfa.org.za.

7. Electronic Communications and Transactions Act (ECTA) Compliance

The Electronic Communications and Transactions Act (ECTA) governs all electronic communications and online transactions in South Africa. Khuluma MHFA NPC recognizes the validity and enforceability of electronic agreements, digital records, and electronic communications conducted through this website.

7.1 Legal Recognition of Electronic Communications
In accordance with ECTA, electronic communications and records (such as emails, online forms, and digital contracts) carry the same legal weight as physical documents. By engaging with Khuluma MHFA NPC through digital channels, users agree that:

Digital signatures, checkboxes, or electronic acknowledgments constitute binding agreements.
Communications sent via email or through the website’s contact forms are recognized as official and legally valid.
Electronic notices and invoices satisfy statutory requirements for written communication.

7.2 Order Process and Confirmation
By placing an order through this website, users confirm that:

All information provided during the order process is accurate, complete, and up to date.
Khuluma MHFA NPC reserves the right to cancel or refuse orders that are suspected of being fraudulent, incomplete, or in violation of these terms.
Orders are considered binding once payment is received, and an order confirmation email is sent to the user.
Khuluma MHFA NPC will make every reasonable effort to ensure product availability, but in the event of stock shortages, users will be notified and offered alternatives, refunds, or delayed shipping options.

All electronic communications regarding orders, returns, and service updates are deemed received once dispatched to the user’s registered email address. Users are responsible for ensuring their contact details remain accurate and up to date.

If you have questions regarding electronic transactions, please contact us at hello@khulumamhfa.org.za.

8. Limitation of Liability

Khuluma MHFA NPC makes every effort to ensure that the information, products, and services provided through this website are accurate, up-to-date, and reliable. However, by accessing and using this website, users acknowledge and agree to the following limitations:

8.1 General Disclaimer
The content, materials, and services offered on this website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Khuluma MHFA NPC does not guarantee uninterrupted access to the website, error-free performance, or that the site will always be free from viruses, malware, or other harmful components.

8.2 Scope of Liability
To the fullest extent permitted by applicable law, Khuluma MHFA NPC disclaims all liability for any loss, damage, or injury arising from or in connection with the following:

Direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or inability to use, the website or services.
Loss or corruption of data, business interruptions, system downtime, or software/hardware damage.
Errors, omissions, inaccuracies, or typographical mistakes in website content or services.
Unauthorized access to or alteration of user data or transmissions.
Delays, technical issues, or failures in the delivery of products or services caused by third-party service providers or force majeure events.
Decisions made or actions taken by users based on information provided through the website.

8.3 Limitation on Financial Liability
Where permitted by law, Khuluma MHFA NPC’s maximum aggregate liability to any user for all claims arising from the use of the website, products, or services shall not exceed the total amount paid by the user for the specific product or service that gave rise to the claim, or ZAR 1000.00, whichever is lower.

8.4 Third-Party Links and Services
This website may contain links to third-party websites or services that are not owned or controlled by Khuluma MHFA NPC. Khuluma MHFA NPC bears no responsibility for the content, privacy policies, or practices of any third-party site or service. Users interact with such external links at their own risk.

8.5 User Responsibility
Users assume full responsibility for the protection of their devices, data, and network infrastructure when accessing this website. It is the user’s responsibility to ensure they implement appropriate security measures, including the use of anti-virus software and firewall protections.

8.6 No Waiver of Rights
Nothing in this Limitation of Liability clause shall exclude or limit liability for:

Death or personal injury caused by Khuluma MHFA NPC’s negligence.
Fraudulent misrepresentation or gross negligence.
Any other liability which cannot be excluded or limited under South African law.

Users acknowledge that by using this website, they waive the right to claim against Khuluma MHFA NPC for any indirect, consequential, or incidental damages arising from website usage, subject to the exceptions listed above.

If you do not agree with these limitations, your sole remedy is to discontinue use of the website and services immediately.

9. Dispute Resolution and Governing Law

9.1 Governing Law
These Terms and Conditions, as well as any transactions, interactions, or disputes arising from the use of this website, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. This applies without regard to conflict of law principles, ensuring that South African legal standards prevail in all matters.

9.2 Jurisdiction
Users agree that any disputes, claims, or legal proceedings directly or indirectly related to the use of this website, its content, or services will be exclusively submitted to the jurisdiction of the South African courts. Users waive any objections regarding the venue or jurisdiction, affirming that South African courts are the appropriate forum for resolving disputes.

9.3 Informal Dispute Resolution
Before initiating formal legal proceedings, Khuluma MHFA NPC encourages users to first contact us at hello@khulumamhfa.org.za to seek an informal resolution. We will make reasonable efforts to resolve disputes amicably through direct negotiation within 30 days of receiving the complaint. If no resolution is reached within this period, users may proceed with formal legal action.

9.4 Mediation and Arbitration
Where appropriate and agreed upon by both parties, disputes may be resolved through mediation or arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted in South Africa, and the decision of the arbitrator shall be final and binding on both parties. Arbitration costs will generally be shared equally unless otherwise determined by the arbitrator.

9.5 Legal Costs
In the event of formal legal action, the prevailing party may be entitled to recover reasonable legal fees, court costs, and other expenses incurred during the dispute resolution process. Khuluma MHFA NPC reserves the right to seek reimbursement for costs arising from users’ failure to comply with these Terms and Conditions or from frivolous legal claims.

9.6 Time Limitation for Claims
Any claims or disputes must be initiated within twelve (12) months from the date the cause of action arises. Failure to bring a claim within this period will result in the forfeiture of the user’s right to pursue the claim, unless prohibited by applicable law.

9.7 Severability
If any provision within this Dispute Resolution section is found to be unenforceable or invalid under South African law, the remaining provisions shall continue to apply in full force, ensuring that the overarching intent of the terms remains intact.

By using this website, users acknowledge that they have read, understood, and agreed to this dispute resolution process. Khuluma MHFA NPC reserves the right to amend this section as necessary, in compliance with South African legal requirements.

18. Service Availability and Downtime

Khuluma MHFA NPC makes every effort to ensure that the website and its services are available 24/7. However, Khuluma MHFA NPC does not guarantee uninterrupted or error-free operation of the website. Access to the website may be suspended temporarily and without notice in the following situations:

Scheduled Maintenance: Periodic maintenance or upgrades to improve performance, security, and functionality.
Unforeseen Technical Issues: Server failures, software bugs, or other technological disruptions beyond Khuluma MHFA NPC’s control.
Force Majeure Events: Natural disasters, power outages, cyberattacks, strikes, pandemics, or other unforeseeable circumstances that prevent the normal operation of the website.

Users acknowledge that occasional downtime may occur and agree that Khuluma MHFA NPC is not liable for any inconvenience, data loss, or financial damages arising from temporary service interruptions. Khuluma MHFA NPC will endeavor to minimize disruptions and, where feasible, notify users in advance of scheduled maintenance through website announcements or email notifications.

19. Amendments to Terms and Conditions

Khuluma MHFA NPC reserves the right to modify, update, or amend these Terms and Conditions at any time, for any reason, without prior notice. Significant amendments that materially affect user rights will be communicated through:

Email notifications to registered users.
Prominent notices displayed on the website’s homepage.
Push notifications (where applicable).

Users are encouraged to review these Terms regularly to stay informed of any updates. Continued use of the website following the publication of revised terms constitutes acceptance of the amended terms. If users do not agree with any updated terms, their sole remedy is to discontinue use of the website and services immediately.

Khuluma MHFA NPC may, at its discretion, request users to explicitly acknowledge acceptance of revised terms through digital signatures, checkboxes, or click-to-agree mechanisms.

20. Governing Language

These Terms and Conditions have been drafted in English and may be translated into other languages for the convenience of users. In the event of discrepancies, inconsistencies, or misunderstandings between the translated versions and the original English version, the English version shall prevail.

Users are encouraged to consult the English version of the Terms for authoritative guidance. Translations are provided solely for informational purposes and do not carry legal authority.

If users have any questions or concerns regarding these terms, they are encouraged to contact Khuluma MHFA NPC at hello@khulumamhfa.org.za for clarification.

21. Indemnification

By using this website, users agree to indemnify, defend, and hold harmless Khuluma MHFA NPC, its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees and court costs) arising directly or indirectly from:

Violation of Terms: Any breach or alleged breach of these Terms and Conditions by the user.
Misuse of Services: Unauthorized, illegal, or improper use of the website, services, or products by the user or any third party accessing the website using the user’s credentials.
Intellectual Property Infringement: User-submitted content that infringes on the intellectual property rights, copyrights, trademarks, or other legal rights of a third party.
Harm to Third Parties: Claims arising from the user’s conduct, content, or interactions with third parties while using the website.
Violation of Law: Any violation of applicable South African laws, international laws, or regulations by the user in connection with their use of the website or services.
Data Breaches Caused by User: Incidents resulting from negligent handling of user accounts, weak passwords, or sharing of sensitive login information.

Khuluma MHFA NPC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the user, in which case the user agrees to fully cooperate with such defense. Users may not settle any claim without prior written consent from Khuluma MHFA NPC if such settlement imposes obligations on Khuluma MHFA NPC or affects its rights.

Scope of Indemnity: This indemnification clause applies to the maximum extent permitted by South African law and shall survive the termination or expiration of these Terms and Conditions.

Users acknowledge that they are responsible for ensuring compliance with all relevant local, national, and international laws while using Khuluma MHFA NPC’s services and that failure to comply may trigger indemnification obligations.

These terms and conditions were created by CIPRO South Africa on behalf of Khuluma MHFA NPC.

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