Definitions and interpretation

1. “Gift ov Life website” means the website owned and operated by Gift ov Life and located at https://www.giftovlife.com, including any page, part or element of it.
2. “Gift ov Life” means Gift ov Life CC, registration number 2009/134277/23.
3. “User” means any person who enters or uses the Gift ov Life website, even if that person only visits the home page.
4. References to the singular include the plural and vice versa.
5. Hyperlinks in these terms to legislation or notices form part of these terms under section 11 of the ECT Act. If any hyperlink stops working, this does not affect the validity or interpretation of these terms.

1General

Gift ov Life offers egg donor matching services locally and internationally. We coordinate egg donation arrangements between suitable, chosen women (“Donors”) and individuals or couples who wish to have a child through egg donation (“Intended Parents”). Gift ov Life operates an online database of Donors.

2Allowed use and licence

Gift ov Life licenses the User to view, download and print content from the Gift ov Life website for private, personal, educational or non-commercial purposes only.

Content may not be used or exploited for any commercial or non-private purpose without the prior written consent of Gift ov Life. Users may only access, browse and use the website for lawful purposes.

Caching of the website is only allowed if:

• the purpose is to make onward transmission of the content more efficient;
• the cached content is not modified in any way;
• the cached content is updated at least every 12 hours; and
• the cached content is removed or updated when Gift ov Life requires it.

If a User uses content in breach of these terms, Gift ov Life reserves the right to claim damages and to institute criminal proceedings. Gift ov Life is not liable for any damage, loss or liability resulting from the use of such content by the User or by any third party who obtained content from the User.

Hyperlinks to the website from any other source should be directed at the home page. Links beyond the home page may only be used with Gift ov Life’s prior written consent. Anyone who links beyond the home page without consent does so at their own risk and indemnifies Gift ov Life against any resulting loss, liability or damage, because such links bypass these terms.

Users may quote small and reasonable amounts of content, provided the quote is placed in quotation marks and acknowledged. No person may frame the website without Gift ov Life’s prior written consent.

Apart from bona fide search engine operators, no person may use any technology or application (including web crawlers, robots or spiders) to search, collect or copy content from the website without Gift ov Life’s prior written consent.

Email addresses, names and telephone numbers published on the website may not be added to any database used for electronic marketing or similar purposes. No permission is given to send unsolicited communications to Gift ov Life. All rights under section 45 of the ECT Act are reserved.

All licences and permissions in this clause are non-exclusive and non-transferable. Gift ov Life may withdraw them at any time without notice or reasons.

3Intellectual property rights

All intellectual property on the Gift ov Life website, including content, trademarks, domain names, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks, is the property of or licensed to Gift ov Life. It is protected by South African and international law. Apart from the rights licensed to the User in clause 3, all rights are expressly reserved.

4Software and equipment

Users are responsible for obtaining and maintaining, at their own cost, the hardware, software, connectivity and internet access needed to use the Gift ov Life website and download its content.

5Disclosures required by section 43 of the ECT Act

Access to the services, content and downloads on the website may be classified as “electronic transactions” under the ECT Act. Users therefore have the rights set out in Chapter 7 of the ECT Act. Gift ov Life is required to disclose the following:

Full name and legal status

Gift ov Life CC, a close corporation, registration number 2009/134277/23

Street address

Platinum Suites, South Seas, 129 Beach Road, Mouille Point, Cape Town, 8005

Postal address

Platinum Suites, South Seas, 129 Beach Road, Mouille Point, Cape Town, 8005

Address for service of legal documents

Platinum Suites, South Seas, 129 Beach Road, Mouille Point, Cape Town, 8005

Main business

Egg donor matching services, locally and internationally

Website

https://www.giftovlife.com

Official email address

info@giftovlife.com

Member

T Sussman

Complaints

Users may lodge complaints about the website by emailing info@giftovlife.com

6Changes and amendments

Gift ov Life may, in its sole discretion and at any time without notice or justification:

• change these terms and conditions;
• change the content or services available on the website;
• discontinue any part of the website or its services; and/or
• change the software and hardware needed to access and use the website.

7Privacy

Gift ov Life takes all reasonable steps to protect the personal information of Users in line with the Protection of Personal Information Act 4 of 2013 (POPIA). Full details are set out in our Privacy Policy and our PAIA Manual.

Gift ov Life may collect, store and use the following information about Users:

• name and surname;
• contact numbers;
• email address;
• IP address;
• non-personal browsing habits and click patterns; and/or
• a username and password chosen by the User.

This information is used to communicate requested information to the User, to give the User access to restricted pages and to compile non-personal statistics about how the website is used. It is collected through cookies or provided voluntarily by the User. Users can manage cookies through their browser settings and our cookie banner.

• Gift ov Life will not disclose a User’s personal information without the User’s consent, except where required by law or legal process.
• Gift ov Life will never sell Users’ personal information.
• Gift ov Life may compile, use and share information that does not relate to any identifiable individual. It owns all rights to such non-personal statistical information.

8Hyperlinks to third-party sites

The website may link to websites not controlled by Gift ov Life (“target sites”). These links do not imply endorsement of, agreement with or support for the content of target sites. Gift ov Life does not control target sites and is not liable for access to, inability to access or content on those sites.

9Security

Gift ov Life takes all reasonable steps to secure the website and the information provided by and collected from Users against unauthorised access or disclosure. However, Gift ov Life does not warrant that content will be 100% safe and secure.

Users may not deliver or attempt to deliver, deliberately or negligently, any damaging code such as a computer virus to the website or its supporting servers and networks. Anyone who does so indemnifies Gift ov Life and its partners and affiliates against all resulting liability, damages and losses, in addition to any criminal prosecution.

Users may not develop, distribute or use any device to breach or overcome the website’s security measures. Gift ov Life reserves the right to claim damages from anyone involved in a security breach.

Any User who commits an offence under sections 86 to 88 of the ECT Act or the Cybercrimes Act 19 of 2020 will, in addition to criminal prosecution, be liable for all resulting loss or damage suffered by Gift ov Life and its partners and affiliates.

10Disclaimer and limitation of liability

Subject to sections 43(5) and 43(6) of the ECT Act where applicable (and as far as the law allows), Gift ov Life (including its owners, employees, suppliers, internet service providers, partners, affiliates and agents) is not liable for any damage, loss or liability of any kind resulting from:

• access to, or inability to access, the Gift ov Life website;
• access to, or inability to access, websites linked to the Gift ov Life website;
• content or services available on the website;
• downloading or using content from the website; and/or
• any other reason not directly related to Gift ov Life’s gross negligence.

The website is supplied “as is” and has not been compiled to meet any User’s individual requirements. Users must satisfy themselves that the content meets their needs and is compatible with their devices.

Information on this website is not medical, legal or professional advice. Users should consult a qualified professional before taking any action based on information, ideas or opinions on the website.

Gift ov Life takes all reasonable steps to ensure content is accurate, but does not warrant that it will always be true, correct or free of errors. Gift ov Life does not warrant that the website will always be available. It may be unavailable because of updates or causes beyond Gift ov Life’s reasonable control, including viruses, hacking, power failures or load shedding.

11Removal and correction of content

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing or harmful content to Gift ov Life. Gift ov Life will correct or remove such content if the person reporting it gives reasonable grounds for the complaint.

12Monitoring of communications

Subject to the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (RICA), the User agrees that Gift ov Life may intercept, block, filter, read, delete, disclose and use communications sent or posted by the User to the website, its staff and employees. The User agrees that this consent satisfies the “writing” requirement of the ECT Act and RICA.

13Entire agreement and severability

These terms constitute the entire agreement between Gift ov Life and the User. They take precedence over any disclaimers or legal notices attached to communications received by Gift ov Life from the User.

A failure by Gift ov Life to exercise or enforce any right does not waive that right. If any term is found to be unenforceable or invalid, it will be severed and the remaining terms will stay in force.

14Agreement in terms of section 21 of the ECT Act

The User and Gift ov Life agree that:

• the User is bound by these terms. The agreement is concluded in Cape Town, South Africa, when the User first enters the website;
• data messages sent by the User to Gift ov Life are only regarded as received when Gift ov Life responds to them;
• data messages sent to the User by Gift ov Life are regarded as received as set out in section 23(b) of the ECT Act;
• data messages sent by the User to Gift ov Life are regarded as created and sent from within South Africa;
• electronic signatures, encryption or authentication are not required for valid electronic communication between the User and Gift ov Life; and
• the User warrants that data messages sent from a computer, IP address or mobile device normally used or owned by the User were sent or authorised by the User personally.

15Applicable and governing law

The Gift ov Life website is hosted, controlled and operated from the Republic of South Africa. South African law, as enforced by South African courts, governs the use of or inability to use the website, its content and services and these terms and conditions.

16Legal costs

Gift ov Life is not liable for costs incurred by Users in obtaining professional advice about these terms and conditions.