TERMS of USE – “SHORT & SWEET” Version:
1. WHO is BUNDUfunder?  BUNDUfunder is the “fan/crowdfunding” part of BUNDUROCK Music for LIFE  . . . read more
2. WHAT & WHY:  We are the “GOOD GUYS”, giving our struggling planet/nature a voice with the help of our “struggling, talented” independent musicians & bands . . . view more
3. WHO may have a campaign/project on BUNDUfunder?   Any serious INDEPENDENT musician and/or band globally  . . . read more
4. WHAT do musicians/bands get?   YOU select from the list of BUNDUfunder OPTIONS (sorry, no money/cash – just the tools to help YOU) . . . view options
5. WHAT do FANS/BACKERS get? Special rewards/perks, depending on their chosen contribution  . . . read more
6. WHAT does BUNDUfunder get? Support for our “BUNDUROCK Music for LIFE” initiative + 7% service/admin fee included in each successfully funded campaign  . . . read more
7. HOW does it WORK? Easy, just watch our short explainer video . . . view now
8. Must I/we own the music to make a music video? Yes, you must be the legal owner or holder of the copyright/license to use it!
9. How long does a campaign run? Between 40 and 90 days (not too short, nor too long)
10. WHO will promote/market my campaign? YOU and YOUR TEAM, we will guide and assist, but it’s YOUR campaign . . . read more
11. WHAT happens if the target is not reached/more is raised? You will get less or extra “stuff” . . . view FAQ
12. What else do I need to know? Now it’s time to read our FAQ’s (Frequently Asked Questions) and/or the “stuff” below, enjoy!
I
f you have any questions to answered anywhere on this website, feel free to  . . .  contact us.

1. General Terms & Conditions

1.1 Welcome to BUNDUfunder – these are the terms that govern your use of the BUNDUfunder (bundufunder.com) website (the “Site”) and your relationship with BUNDUfunder as part of the BUNDUROCK Music for LIFE initiative (together with its founders, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, managers, administrators and directors — collectively, “BUNDUfunder,” “we”, “us” or “our”). By using this website (the “Site”) and services you are agreeing to these legally binding rules (the “Terms and Conditions”). If you do not agree to these Terms of Use (“Terms and Conditions”), please do not register for or use this Site.

1.2. BUNDUfunder reserves the right to change these Terms & Conditions at any time. Should we do make any changes and/or modifications, we will let you know either via a notification on the Site or via email. Your continued use of this Site after changes are posted online constitutes your acceptance of the Terms & Conditions as altered and/or modified.
1.3 By agreeing to these Terms & Conditions you appoint BUNDUfunder as your agent to conclude a separate and direct agreement between you and each campaign or project you support as described below and on this Site.
1.4. By agreeing to these Terms & Conditions you also agree to our Privacy Policy and the way we protect and use your personal information.
1.5. Your use of this site constitutes acceptance of these Terms in toto, which take effect on the date of your first use of the Site.
1.6 In these Terms and Conditions the expression:
1.6.1 “Campaign” shall include “Project” and vica versa and shall mean any initiative listed on this Site for which a Campaign Creator wishes to gather Support.
1.6.2  “Backer” shall mean any person registered on this Site as a supporter of a Campaign or Project.
1.6.3. “Reward” shall mean any perk, product or service provided by a project in return for a Backer’s support for a Project.
1.6.4. “Non-cash Reward” shall mean any non-cash incentive (such as goods, services or events) offered by a project in return for a Backer’s support for a Project.
1.6.5. “Support” shall mean any funds or other support provided by you to a Project, through this Site to support a Project including gifts and/or donations.

2. Register for an account on this Site

2.1 You can browse the Site without registering for an account, but to use some of the Site’s functions, you will need to register and set a password. When you do that, the information you give us has to be accurate and complete. The impersonation of anyone else or names chosen that are offensive or that violate anyone’s rights, will not be allowed and we reserve the right to cancel your account should you not comply with the Terms and Conditions.
2.2 Those who wish to register to use this Site will be required to create a username and password. This information is personal, not transferable and must not be shared with anyone. You acknowledge that you are responsible for all information and activity on this Site by anyone using your username and password.
2.3 You are responsible for the activity on your account and for keeping your password confidential and BUNDUfunder can not take responsibility for any irregular use of you account. Any problems can be reported to admin@bundufunder.com. In any event, any breach of security or unauthorised use of a username, password or security information must be reported to BUNDUfunder immediately.
2.4 BUNDUfunder reserves the right not to act on your instructions if it reasonably suspects that the person logged into your BUNDUfunder account is not you or it suspects unauthorized use or fraudulent activity.
2.5. To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age. Since contributions made by backers can only be done via the PayFast Payment Gateway the legal age requirement for using such a functionality is required when using this Site.

3. Acceptable use (what is not allowed)

3.1. You must ensure that all information supplied by you is true, accurate, and up-to-date at all times.
3.2. You agree to use this Site only for lawful purposes and in a manner which does not infringe the rights or restrict or inhibit the use and enjoyment of the site by any third party.
3.3. You are solely responsible for any information submitted by you to this Site. You hereby agree that any content posted by you on the Site will not:
3.3.1. bring BUNDUfunder or the Site into disrepute;
3.3.2. break any law or encourage an illegal act;
3.3.3. be misleading, nor be defamatory, abusive or offensive;
3.3.4. infringe the copyright, privacy, confidentiality or other right of any third party;
3.3.5. contain software viruses or any other computer code, files or programs designed to affect the use of any computer software, hardware or internet network;
3.4. You are also not allowed to damage or try get unauthorized access to any system, data, password, or other information, whether it belongs to us or another party.
3.5. You agree to indemnify us and keep us indemnified against all claims, costs, expenses, losses, liabilities and/or proceedings arising from any form of misuse by you of this Site.
3.6. This Site is intended for use by South African residents as well as by residents of other jurisdictions. Users should at all times ensure that they are informed and aware of all applicable legal requirements in their jurisdictions and able to use this Site without contravention of legal restrictions in the jurisdiction in which they reside.
3.7. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms and Conditions and that they comply with it.

4. Who can apply for creating a campaign on BUNDUfunder

4.1 Any serious INDEPENDENT musician and/or band globally (individuals over the age of 18 years), with a fan base able to support their chosen BUNDUfunder Option, may apply for a campaign on BUNDUfunder.
4.2 Musicians or bands already affiliated or signed by any third party, such as a music label, or in the process of doing that, may unfortunately not apply for a campaign on the BUNDUfunder.
4.3 BUNDUfunder reserves the right to accept or not to accept any project application without having to provide any explanation for the decision.
4.4 A campaign creator must be the legal owner(s) and copyright/license holder(s) of the music featured or intended to be included in a specific project option and as such BUNDUfunder makes no representation or warranty in relation to the legal rights of campaign creators and accepts no liability for any loss as a result of a creator’s acts or omissions.
4.5 Although BUNDUfunder will assist and guide you as much as possible, YOU as the approved campaign creator(s) must know that the success of your campaign/project depends totally on YOUR enthusiasm, determination, efforts and ability to organise, motivate and mobilise YOUR team and fans to support YOU and YOUR campaign/project.

5. Project options and Backer contributions

5.1 Only the Project Options listed on the BUNDUfunder Option page are allowed as well as any conservation education project of the WEF.
5.2 The BUNDUfunder Project Options may change or be modified from time to time and any such changes will be communicated directly via this Site.
5.3 Campaign creators will receive the specific BUNDUfunder Option Product(s) as initially selected by the campaign creator(s), thus ONLY the options/products offered by the BUNDUfunder and our supporting partners/sponsors will be allowed – NO MONEY (cash) will be paid/transferred directly to any campaign creator or backer.
5.4 The specific production schedule (dates) as well as of the estimated date for delivery of the final products included in the campaign, will be determined in writing before the campaign/project is opened for fan/crowfunding (also view para. 7 below).
5.5 By backing the campaigns/projects, a backer has the opportunity to get the music and unique perks offered by the specific campaign, but this does not include any right to ownership or equity in the project(s) that has been backed.
5.6 Funds generated via the contributions/support of the backers of a campaign, will only be used to cover the direct production and/or manufacturing expenses (e.g. equipment hire, physical manufacturing, printing, etc.) and for the WEF’s conservation education projects.
5.7 Due to the unique and specific focus of BUNDUfunder, BUNDUfunder shall ensure that creators seeking to raise funding for projects through this Site, will include projects which in our reasonable opinion will be positive and/or create positive change on our planet.
5.8 The featuring or profiling of a specific project on this Site should not be taken as endorsement of the creator or project.
5.9 BUNDUfunder is committed to providing a secure platform for backers to freely contribute and support any project profiled on this Site.
5.10 By agreeing to participate in any Project or otherwise using this Site, you understand that BUNDUfunder makes no representation or warranty in relation to the activities of campaign creators and accepts no liability for any loss as a result of a creator’s acts or omissions.

6. Campaign target

6.1 Should the specified target amount set by the campaign creator NOT be reached within the set campaign period, depending on the specific amount raised, the alternative options for the lesser amount can be supplied to the campaign creator(s), or if a too small amount was raised, the campaign will be cancelled and the backers will each receive a credit vouchers equal to amount pledged to be used for backing another or future campaigns by any creator on BUNDUfunder.
6.2 Since BUNDUfunder is part of the BUNDUROCK Music for LIFE initiative, which is a WEF project (NPO) in collaboration with various supporting partners, cash/money will not be refunded to backers, but a credit voucher will be issued to the backer for the full amount pledged to be used to back any other campaign he/she likes on BUNDUfunder or to purchase any product to that value on the BUNDUROCK or the WEF‘s ONLINE Stores.
6.3 Should a project receives more funds than it’s target amount, additional features and/or products, equal to the extra funds, will be added to the final product.

7. Rewards and what you are agreeing to when you create or back a project

7.1 Anyone who backs a project is accepting the specific campaign creator’s offer.
7.2 When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, their obligation to their backers has been fulfilled.
7.3 Backers acknowledge and understand that when they back a project, they are helping to create a new product and are not contributing towards a project that already exists.
7.4 Backers also acknowledge and understand that there may be changes or delays in the process and that unforeseen circumstances may occur  that could delay and/or prevent the creator from finishing the project on time as promised.
7.5 In a situation as described in 4.4, a creator must:
7.5.1 keep their backers informed and constantly updated as to the progress of the situation, what are the actions taken, how funds are used, and what factors are causing the delay or are preventing the progress of the project as planned;
7.5.2 explain to backers how the funds will be used to complete the project in some alternate form if for some reason the planned projects specifications need to be altered/modified.
7.6 Prospective backers should be aware that any funds given by backers to projects will be unsecured. Supporting a campaign involves a degree of risk and backers should not participate in a project unless they can readily bear the consequences of a possible risk and/or a loss. BUNDUfunder does not accept responsibility for the partial or total loss of any contribution or funds given to a project featured on this Site.
7.7 Prospective backers acknowledge that:
7.7.1 BUNDUfunder makes no projections as to the anticipated performance of a campaign/project that are featured on this Site.
7.7.2 the extent to which campaigns/projects will be able to achieve their set targets, goals or objectives within the specified period, may depend on factors outside their control and for which BUNDUfunder does not accept responsibility.
7.7.3 The perks, benefits or products offered to backers can NOT include any form of financial incentives such as cash or repayments, service, or any digital or non-digital product of which the creator(s) is not the legal owner(s).
7.7.4 Anything stated in this Site should not be construed as investment advice or as an invitation or inducement to engage in investment activity and this Site and the communications made on or through it are not therefore regulated financial promotions.
7.8  Unless otherwise noted or specified in the campaign/project description, rewards associated with projects featured on this Site are supplied by the project to its backers directly. BUNDUfunder plays no role in the transfer of such rewards and makes no representations or warranties regarding the appearance, quality, adequacy or suitability of such rewards.
7.9 Once a project has successful been completed, BUNDUfunder will give the full list of backers and their appropriate details to the campaign creator(s). The creator is then fully responsible for delivery of the rewards directly to their backers. However, should the reward includes the  BUNDUfunder Campaign Option/part thereof (such as a copy of a video, DVD, or printed product), BUNDUfunder will be co-responsible for delivery of such rewards directly to the backers if specified beforehand on the specific campaign/project page.
7.10 Except for payments BUNDUfunder receives from projects in satisfaction of sums owed to their backers, BUNDUfunder is under no legal or contractual obligation to provide to backers any of the rewards that appear on this Site. By participating in a campaign you acknowledge that BUNDUfunder is not responsible and shall bear no liability should, for any reason, the project fails, whether in whole or in part, to provide a reward associated with a project.

8. Credit vouchers

8.1. In the event of a campaign being cancelled for whatever reason (also refer to para. 6 above), a credit voucher will be issued to a backer for the full amount pledged, but less any bank charges already deducted by the payment provider(s) (PAYFAST or other) on making the initial contribution, to be used to back any other campaign he/she likes on BUNDUfunder or to purchase any product to that value on the BUNDUROCK or the WEF‘s ONLINE Stores.
8.2 Credit vouchers and Gift certificates are non-transferable and non-refundable.
8.3 Credit vouchers must be used by the recipient within two (2) years of purchase. If, after twelve (12) months, the voucher has not been used, a first notification email will be sent to the recipient reminding them that the voucher will soon expire. If, after six (6) months of the first notification email the voucher has still not been used, a second notification email will be sent to the recipient. If, after three (3) months of the previous email being sent, the voucher has still not been used, a final notification email will be sent to the recipient. If the voucher has still not been used, the voucher will expire on the set date and all funds will be forfeited and BUNDUfunder reserves the right to transfer the funds to the WEF (a registered NPO and BPO) to be used for its Conservation Education Projects.

9. Fees/Costs

9.1 BUNDUfunder is the online fan/crowdfunding platform of the BUNDUROCK Music for LIFE initiative and as such functions within that framework, vision and mission. Creating an account on BUNDUfunder is free for any accepted campaign creator and fan/backer.
9.2 Each accepted BUNDUfunder Campaign/project include a 7% service/admin fee, collected from successfully funded campaigns at the end of the campaign period. This means that it is calculated and deducted from the actual final amount raised by the campaign which may not necessary be the same as the initial target amount.
9.3 Should a campaign be cancelled, terminated or the target amount not be achieved/over achieved, the rules as indicated in para. 6 above will apply and the 7% service fee will be calculated accordingly. This means that there are NO upfront service fees payable, nor will we collect any fees if no funds have been received for the project/campaign.
9.4 Any change in our fees will be announced on our Site.
9.5 BUNDUfunder uses PAYFAST as the secure payment provider and their standard transaction fee will be directly collected (deducted) from the funds pledged/contributed by backers when making a payment/contribution. This transaction fee may vary depending on the backer’s specific location. Since PAYFAST as well as any other payment provider (bank) functions independently, BUNDUfunder is not responsible for their tariffs nor performance.
9.6 BUNDUfunder is also not responsible for any additional fees and/or taxes payable, arising from or associated with your use of BUNDUfunder (be it as a campaign creator, backer or in any other capacity).

10. Limitations and liability
 
10.1. While every effort has been taken to ensure that the content is correct and not misleading, BUNDUfunder cannot and does not verify all of the information contained on this Site. Campaign creators are fully responsible for the accuracy of the information disclosed on this Site in relation to projects and it is your sole responsibility to verify the information. BUNDUfunder therefore accepts no liability, either express or implied, for any direct, indirect or consequential loss suffered due to the accuracy or completeness of information contained on the project pages of this Site. This limitation includes, but is not restricted to:
10.1.1. loss of income, revenue, savings or time;
10.1.2. loss of profits, busines or contracts;
10.1.3. or other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not.
10.2. BUNDUfunder hereby excludes all representations, warranties and conditions relating to this Site and your use of it to the maximum extent permitted by law.
10.3 Whilst all reasonable endeavours will be made to ensure the maintenance and availability of this Site, BUNDUfunder does not accept liability arising from any errors, omissions, interruptions of service or delays that may occur in connection with this Site.
10.4 BUNDUfunder reserve the right to vary the specification of this Site from time to time without notice.
10.5 BUNDUfunder is not responsible for ensuring that activities and events organised by projects are covered by appropriate insurance. By participating in such activities or events you acknowledge that BUNDUfunder is not liable for any loss of or damage to personal property that may occur.
10.6 Notwithstanding any other provision of these Terms and Conditions, BUNDUfunder does not purport to exclude or restrict its liability for fraud or for any death or personal injury which may be caused by its actions.

11. Links to other sites

11.1. The Site contains links to websites of other charities and organisations. The links are provided for your convenience only. BUNDUfunder does not approve or endorse any third party or its website and takes no responsibility for the content or security of such sites. BUNDUfunder accepts no liability for any direct, indirect or consequential loss you may suffer as a result of the use of websites owned or operated by third parties.
11.2. Furthermore, BUNDUfunder will not be party to or in any way responsible for any agreement or transaction concluded between you and any such third party website owner or operator.
11.3 You are responsible for ensuring that all information, data and files are free of viruses and do not interfere with any system or data prior to being submitted to this Site.
11.4 Whilst BUNDUfunder makes all reasonable attempts to exclude viruses from this Site, we do not accept responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using this Site. You are strongly recommended to take all appropriate safeguards before using this Site.

12. Copyright

12.1. All materials on this Site are owned by and subject to the copyright of BUNDUfunder, affiliated campaigns and/or third parties.
12.2 No part of this Site, including information, images, photos, logos, names or icons may be copied, republished, posted, or reproduced in any form whatsoever without the prior written permission of the copyright owner.
12.3 Campaign creators will retain copyright and any other rights they already hold in content which may be submitted, posted or displayed on or through this Site. By submitting, posting or displaying the content you give BUNDUfunder a continuous, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, publicly display and distribute any content which you submit to the Site, unless otherwise agreed in writing between you and BUNDUfunder.

13. Termination

13.1 BUNDUfunder reserves the right to cancel a Project profile and refund all associated Backers’ payments at any time for any reason without notice.
13.2 BUNDUfunder may terminate your access to all or any part of this Site at any time for any reason without notice, and may change, suspend or discontinue all or any part of its online services at any time without notice.
13.3 If BUNDUfunder terminates your access to this Site or suspends your account for any reason other than a breach of these Terms and Conditions or as a result of criminal activity, we will endeavour to return any funds that belong to you within twenty one (21) days. In situations where funds have already been transferred to a project, the project will have a continuing duty to use its reasonable endeavours to provide to you directly the rewards associated with the project for which you have provided support.
13.4 BUNDUfunder reserves the right to suspend accounts with no transaction history for a continuous period of two (2) years. BUNDUfunder will make all reasonable endeavours to notify the account holder prior to the suspension of an account in the following ways: 1) a notification email two years after the account’s last transaction; 2) a second notification email fourteen (14) days after the first notification email is sent; 3) a final notification email fourteen (14) days after the second notification email.
13.5 If the account remains inactive within thirty (30) days after the final notification email is sent, it will be suspended. The account holder will forfeit sums held in the account and they will be non-refundable. BUNDUfunder reserves the right to transfer the funds to the WEF (a registered NPO and BPO) to be used for its Conservation Education Projects.
13.6 All provisions of these Terms which either expressly or impliedly survive termination or expiry of these Terms shall survive termination or expiry, including but not limited to Terms & Conditions regarding warranty disclaimers, indemnities and limitations of liability.

14. Governing Law & Jurisdiction

14.1 These Terms shall be governed by and construed in accordance with the laws of South Africa.
14.2 The courts of South Africa shall have exclusive jurisdiction to settle any dispute arising out of these Terms & Conditions (including a dispute regarding the existence, validity or termination of all or part of these Terms or the consequences of its nullity)
14.3 If any dispute arises in connection with these Terms & Conditions, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by BUNDUfunder, the mediation will be conducted in Johannesburg and all negotiations up to and including the mediation shall be strictly confidential.