NPO Client Terms and Conditions

1. Parties and Acceptance

These NPO Client Terms and Conditions (‘Client Terms’) govern the relationship between K2026233999 (Pty) Ltd trading as WhereZit (‘WhereZit’) and any organisation that registers a client account on the WhereZit platform to create and manage skill-based fundraising competitions (‘the Client’, ‘the NPO’, ‘you’).

By completing NPO client registration and ticking the acceptance checkbox, the registering person confirms they are authorised to bind the organisation to these Client Terms, and that the organisation is a validly registered legal entity in the Republic of South Africa. These Client Terms must be read together with WhereZit’s EULA and Privacy Policy.

2. The Platform Service

WhereZit provides the Client with access to the WhereZit software platform as a service, enabling the Client to create and manage skill-based fundraising competitions, invite independent judges, monitor entries and revenue, and receive payouts. WhereZit is a technology platform provider only — it does not operate competitions, appoint judges, set prizes or make editorial decisions about competition content.

3. Platform Service Fee and Payouts

WhereZit charges a Platform Service Fee of 25% of all entry fee revenue collected for the Client’s competitions. The Client retains 75% of all entry fee revenue, less any transaction charges levied by the applicable payment processor.

When PayFast is fully verified, the Client’s 75% share will be paid out automatically via PayFast’s split payment feature. During any period when Yoco is used as the interim payment processor, payouts will be processed manually by WhereZit within a timeframe communicated before the competition goes live.

The Platform Service Fee is a software licensing and service fee — not a commission on gambling activity, lottery proceeds or any other characterisation bringing it within the Lotteries Act 57 of 1997.

4. Client Obligations

4.1 Prizes

• All prizes must be lawfully available in South Africa, accurately described and not misleading
• The Client must have the ability to source and deliver every prize listed before creating a competition
• Prize delivery to winners is entirely the Client’s responsibility

4.2 Judges

• A minimum of 3 independent judges per competition
• All judges must have genuine, verifiable rugby expertise
• Judges must not be employees, directors, family members or close associates of the Client
• The Client must not provide judges with any player entry data
• Each judge must complete the WhereZit Judge Declaration Form before the competition opens
• All appointed judges must submit coordinates before results are calculated
• The Client takes full legal responsibility for their appointed judges

4.3 Competition Accuracy and Legal Compliance

• All competition information must be accurate and not misleading
• The stated purpose of proceeds must genuinely reflect intended use
• The Client must not market competitions as lotteries, raffles or gambling products
• The Client must not cancel a live competition without WhereZit’s prior written approval
• All competitions must be purely skill-based with no random element

5. Prize Non-Delivery

If WhereZit receives a substantiated complaint about prize non-delivery, WhereZit reserves the right to publish a non-delivery notice, suspend the Client’s account, and permanently terminate the Client’s account if the failure is not resolved.

6. Indemnity

The Client indemnifies and holds harmless WhereZit from all claims, losses, damages, costs and expenses arising from breach of these Client Terms, player or third-party claims, prize non-delivery, judge misconduct, inaccurate content, or unlawful use of the platform.

7. Limitation of WhereZit’s Liability

WhereZit’s total liability is limited to Platform Service Fees paid by the Client in the 3 months preceding the claim. WhereZit is not liable for indirect, consequential, incidental or special loss.

8. Account Suspension and Termination

WhereZit may suspend or terminate a Client account immediately upon material breach, prize non-delivery, judge manipulation, fraud, false information, or harmful conduct. For live competitions at termination, entry fees will be refunded to players.

9. Amendments

WhereZit may amend these Client Terms with 14 days written notice. Continued use constitutes acceptance. Clients who do not accept must close their account before the effective date.

10. Governing Law and Contact

These Client Terms are governed by the laws of the Republic of South Africa. Disputes are subject to the exclusive jurisdiction of the courts of Pretoria.

General: support@wherezit.co.za | Legal: legal@wherezit.co.za