Terms of Use and Privacy Policy

The Nelson Mandela Foundation (the “NMF”) is pleased to provide this website, both produced and/or compiled by the Foundation to provide the public with information regarding the work of the NMF and Nelson Mandela’s legacy. The following describes the terms (the “Terms”) that govern your use of the NMF Site, and the services and goods provided through the NMF Site. Your use of the NMF Site constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the NMF Site. The term “materials” includes all or any information, artwork, text, video, audio, animation or image files.

1. Use of the NMF Site

(a) Content

The information and materials contained at the NMF Site, including the text, images, arrangement, and general design (collectively, the “Content”) are owned or licensed by the NMF. You are authorised to view or download the Content solely for your personal, educational, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.

Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorisation of the NMF or the copyright owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted.

(b) Prohibited Use

You may not use the NMF Site in any manner which is contrary to applicable local, provincial, national, international and foreign laws or regulations governing your use of the NMF Site. Specifically, the NMF site is both owned and operated from the Republic of South Africa. As a result, the laws of the Republic of South Africa govern these terms and conditions and you consent to the jurisdiction of the Witwatersrand High Court in the event of unlawful use or dispute. It is solely your responsibility to determine whether your use of the NMF Site is lawful. You may not use the NMF Site in any manner which could damage, disable, overburden or impair the NMF Site or interfere with any other party’s use and enjoyment of the NMF Site.

(c) Modification

The NMF reserves the right to change or modify the terms, conditions, and notices under which you may use the NMF Site. The NMF will post all changes or modifications to these Terms on the NMF Site. Each use of the NMF Site will constitute your acceptance of the Terms posted on the NMF Site at that time.

2. Privacy

The NMF is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.

3. Disclaimer

The NMF site and the Content are provided on an ‘as is, where is’ basis. The NMF disclaims all conditions, terms, representations and warranties, express or implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, title and non-infringement, with respect to any of the Content.

The NMF does not warrant that the NMF site and the Content are free from errors or other program limitations or that the NMF site and Content will be accessible and perform in accordance with your expectations.  This disclaimer shall apply to all damages or injuries incurred from, or related to your use of the NMF site including but not limited to failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or communication line failure.

Except as otherwise specifically provided herein, the NMF further does not warrant, guarantee, or make any representations (I) regarding the goods or services provided through the NMF site (the ‘products’), (II) regarding the use of the products, (III) that the products will perform in accordance with your expectations, or (IV) that any defects in the products will be corrected.

4. Limitation of Liability

The express warranties in these terms are in lieu of all other warranties, conditions, terms, representations and obligations of the parties to these terms.

The NMF will not be liable to you or any other person for any damages (direct, indirect, general, special, consequential, or otherwise), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data or other loss, arising directly or indirectly out of or in connection with the provision, use or failure of the NMF site, and/or the content, whether negligent or otherwise, and which would otherwise give rise to a cause of action in contract, tort, or any other doctrine of law.

5. Indemnity

You agree to indemnify, defend and hold harmless the NMF and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the NMF Site by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand.

6. Links

Links to external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by the NMF of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between the NMF and the Linked Sites. The NMF is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.

7. Copyright

(a) General copyright

The NMF website comprises and contains copyrighted works. Copyright in such works remains with the Nelson Mandela Foundation and other copyright owners. The works are protected by copyright law, and the regulations thereunder, and by similar laws in other countries.

Information on this website has been posted with the intent that it be readily available for private enjoyment or study only. Downloaded material must not be modified, must retain any associated copyright or other proprietary notices, and must acknowledge the source of the material. The source citations should include the URL http://www.nelsonmandela.org. Users must adhere to any additional terms and restrictions that may appear on individual pages of the website.

All other uses are prohibited without the express written authorisation of the NMF or the copyright owner, including:

reproduction of any kind in any medium;
redistribution in any manner for commercial use, including commercial publication, or for personal gain;
storage in any medium including extraction into any other database, computer program or website;
rental, leasing, or lending; and
extraction, manipulation or alteration in any respect.
Anyone wishing to use the materials from this website for these or other purposes must obtain prior written approval from the NMF. Permission for such use is granted on a case-by-case basis and at the sole discretion of the NMF.
For information on and permission to use NMF website images, including licensing requests, and other NMF media such as film or video, please contact us.

(b) Third-Party Materials

The NMF has taken all reasonable efforts to ensure that materials, for which copyright belongs to others, are reproduced on the NMF’s website with the full consent of the copyright owners. The NMF does not warrant that the use of materials displayed in the website will not infringe the rights of third parties. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the third party.

8. Miscellaneous

(a) Survival

The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms.

(b) Marks

The Nelson Mandela Foundation and the NMF logo (collectively the “Marks”) appearing on the NMF Site are registered trademarks, trademarks or service marks of the Nelson Mandela Foundation. The use of the Marks is strictly prohibited without the prior written consent from the NMF. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Nothing appearing on the NMF Site or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the NMF Site.

(c)  Severability

If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

(d) Entire Terms

Unless specifically provided herein, these Terms constitute the entire agreement between you and the NMF with respect to your use of the NMF Site. These Terms will supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of the NMF Site except as specifically set forth herein.

(e) Termination

These Terms will automatically terminate if you are in breach of any of the provisions contained herein. The NMF reserves the right, in its sole discretion, to suspend or terminate your access to the NMF Site and the related services or any portion thereof at any time, without notice. Upon any such termination you may no longer access and/or use the NMF Site.
The NMF may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the NMF Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

If these Terms or your permission to use the NMF Site is terminated by you or the NMF for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the NMF Site and your purchases of goods and services through the NMF Site and anything connected with, relating to or arising from those matters.