Prompts of the Heart
A community-led initiative aimed at assisting those across Cape Town who have been hardest hit by the COVID-19 pandemic
About Us
After hearing about the incredible need in the country, during this time of COVID-19, an individual approached us, wanting to help in some way. Without knowing what exactly was needed but knowing that the need was great, they were prompted to give, saying “Can you pray and administer that amount as you see fit.” and with that we started Prompts of the Heart.This is a place where an individual can feel led to give and know that 100% of what they have donated goes in direct support of those most vulnerable to the immediate and knock on effects of the COVID-19 pandemic.Those involved in the initiative are part of the Cape Town Together network, and are passionate advocates for the vulnerable and under-resourced communities and individuals around us.
Where we Work
Currently our focus is on the South Peninsula of Cape Town where there are around 60 000 people who have been hardest hit by the pandemic.All funds received are allocated in alliance with the needs that surface out of the Community Action Networks (CANs) which have been set up across the Western Cape. Funds will also be directed towards those directly impacted by COVID-19 who have been referred to us for assistance by reputable individuals or organisations.We have found that the best way to distribute funds at this point is via grocery vouchers, electricity vouchers, food parcels, and occasionally other specific bill payments or needs.
How to Give
If you’d like to make a financial contribution to Prompts of the Heart, you can give via EFT:
| Bank: | FNB / RMB |
| Account Holder: | Prompts of the Heart |
| Account Number: | 62850329478 |
| Branch Code: | 250655 |
| Bank Address: | 30 Diagonal Street, Johannesburg, 2001 |
| SWIFT Code: | FIRNZAJJXXX |
Please assign one of the following references according to how you’d like your funds to be allocated:
“General relief”, “Disaster relief”, “Administrative costs”, “Any”.Please contact us if you have a question or need more information:
Other ways to help
It’s important to remember that generosity comes in many different forms. Everyone has something to give, be it finances, time, skills or general administrative strengths. We are 100% volunteer run and would love to make use of your expertise during this unprecedented time. YOU have the ability to make a lasting difference.
Current needs include:
Direct purchase of shopping vouchers
Volunteering at a soup kitchen
Volunteering for admin, book-keeping, communication, managing social media or fundraising, graphics creation
Playing a mental health support role to active volunteers
Get in touch via our contact form below to find out how we can use your skills.
Get in touch
We'd love to hear from you if you would like to offer some help, or if you have any questions!
Leave us a message on our contact form.
We'll store your details securely and not pass them on to any third parties.
The emotional benefits [of generosity] are that we cultivate an internal sense of plenitude, enjoy positive feelings from those within our community, and experience an improved self-esteem. This goes for time, love, and attention just as much — if not more — than for money.
Chloe Carmichael, PhD
Thank you
Thanks for getting in touch! We will reply shortly.
Privacy Policy
www.promptsoftheheart.com ('Website') is provided by Prompts of the Heart ('we'/'us'/'our'). In doing so, we may be in a position to receive and process personal information relating to you. As the controller of this information, we're providing this Privacy Notice ('Notice') to explain our approach to personal information. This Notice forms part of our Terms of Use, which governs the use of this Website.We intend only to process personal information fairly and transparently as required by data protection law including the General Data Protection Regulation (GDPR). In particular, before obtaining information from you we intend to alert you to this Notice, let you know how we intend to process the information and (unless processing is necessary for at least one of the 5 reasons outlined in clause 2 below) we'll only process the information if you consent to that processing. The GDPR also defines certain 'special categories' of personal information that's considered more sensitive. These categories require a higher level of protection, as explained below.Of course, you may browse parts of this Website without providing any information about yourself and without accepting cookies. In that case, it's unlikely we'll possess and process any information relating to you.We'll start this Notice by setting out the conditions we must satisfy before processing your data. However, you may wish to skip to clause 4, which summarises what we intend to collect. The Notice also explains some of the security measures we take to protect your personal information, and tells you certain things we will or won't do. You should read this Notice in conjunction with the Terms of Use.Sometimes, when you take a new service or product from us, or discuss taking a new service or product but decide against, we might wish to provide you with further information about similar services or products by email or other written electronic communication. In that situation, we will always give you the opportunity to refuse to receive that further information and if you change your mind please let us know. We'll endeavour to remind you of your right to opt-out on each occasion that we provide such information.1 Identity and contact details
1.11 Place of business: 1 Montrose Close, Sun Valley, 7975
1.12 Registered office: 1 Montrose Close, Sun Valley, 7975
1.2 Contact email address: info @promptsoftheheart.com2 When we're allowed to collect information from you
We will only collect personal information relating to you if one of the following conditions have been satisfied:
2.1 You have clearly told us that you are content for us to collect that information for the certain
purpose or purposes that we will have specified.
2.2 The processing is necessary for the performance a contract that we have with you.
2.3 The processing is necessary so that we can comply with the law.
2.4 The processing is necessary to protect someone's life.
2.5 The processing is necessary for performance of a task that's in the public interest.
2.6 The processing is necessary for our or another's legitimate interest - but in this case, we'll balance those interests against your interests.3 How to consent
3.1 At the point of collecting the information, we'll endeavour to explain how we intend to use the information and which of these purposes apply. If we rely on consent, we'll provide you with the opportunity to tell us that you're happy to provide the information.
3.2 If at any point in time you change your mind and decide that you don't consent, please let us know and we'll endeavour to stop processing your information in the specified manner, or we'll delete your data if there is no continuing reason for possessing it.
3.3 If you don't consent to a particular bit of processing, we'll endeavour to ensure that the Website and our service continue to operate without the need for that information.4 We envisage asking for the following types of information from you:
We may collect personal information about you from a number of sources, including the following:
| Information type | Purpose and related details | Justification |
| Contact Information | We ask for this to verify your identity when you call us | We'll ask for your consent |
| Name and Email address | We ask for this to reply to website inquiries | It's necessary for a legitimate interest having weighed this against competing interests |
4.1 Cookies
In order to make this website as useful as possible, it is sometimes necessary to place small amounts of information on your computer or device, which is sent back to either us, or one of our website partners, at a later time. These are called ‘cookies’. Whilst our website platform does not use cookies, we have added Google and Mailchimp features to the website in order to improve your experience of our website.Essential Cookies
OptanonAlertBoxClosed
Optanon Consent
MCPopUpClosed
mcid
Performance Cookies
AVESTAENVIRONMENT
Analytics and Customizable Cookies
ga
optimizelyEndUserID
Advertising (targeting) Cookies
fbp
gclau
Google Cookies
We provide some Google services on our website to provide location information. Google use cookies in order to fulfil this service. The cookies are detailed below - please read Google's Cookie Statement here - https://policies.google.com/technologies/types?hl=en-US
Advertising (targeting) Cookies
ANID
NID
1P_JAR4.2.1 From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details.
4.2.2 From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.
4.2.3 From documents that are available to the public, such as the electoral register.
4.2.4 From third parties to whom you have provided information with your consent to pass it on to other organisations or persons - when we receive such information we will let you know as soon as is reasonably practicable.
4.3 If you refuse to provide information requested, then if that information is necessary for a service we provide to you we may need to stop providing that service.
4.4 At the time of collecting information, by whichever method is used, we'll endeavour to alert you and inform you about our purposes and legal basis for processing that information, as well as whether we intend to share the information with anyone else or send it outside of the European Economic Area. If at any point you think we've invited you to provide information without explaining why, feel free to object and ask for our reasons.5 Using your personal information
5.1 Data protection, privacy and security are important to us, and we shall only use your personal information for specified purposes and shall not keep such personal information longer than is necessary to fulfil these purposes. The following are examples of such purposes. We have also indicated below which GDPR justification applies, however it will depend on the circumstances of each case. At the time of collecting we will provide further information, and you may always ask for further information from us.
5.1.1 To help us to identify you when you contact us. This will normally be necessary for the performance our contract.
5.1.2 To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the personal information you've provided and/or any information we hold about you and personal information from third party agencies (including credit reference agencies). We will only use your information for this purpose if you agree to it.
5.1.3 To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future. This will often be necessary, but sometimes the improvements will not be necessary in which case we will ask whether you agree.
5.1.4 To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information. This will sometimes require that you consent, but will sometimes be exempt as market research.
5.1.5 To help to prevent and detect fraud or loss. This will only be done in certain circumstances when we consider it necessary or the law requires it.
5.1.6 To allow us to contact you by written electronic means (such as email, text or multimedia messages) about products and services offered by us where:
5.1.6.1 these products are similar to those you have already purchased from us,
5.1.6.2 you were given the opportunity to opt out of being contacted by us at the time your personal information was originally collected by us and at the time of our subsequent communications with you, and
5.1.6.3 you have not opted out of us contacting you.
5.1.7 To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners where you have expressly consented to us doing so.
5.1.8 We may monitor and record communications with you (including phone conversations
and emails) for quality assurance and compliance.
5.1.8.1 Before doing that, we will always tell you of our intentions and of the specific purpose in making the recording. Sometimes such recordings will be necessary to comply with the law. Alternatively, sometimes the recording will be necessary for our legitimate interest, but in that case we'll only record the call if our interest outweighs yours. This will depend on all the circumstances, in particular the importance of the information and whether we can obtain the information another way that's less intrusive.
5.1.8.2 If we think the recording would be useful for us but that it's not necessary we'll ask whether you consent to the recording, and will provide an option for you to tell us that you consent. In those situations, if you don't consent, the call will either automatically end or will not be recorded.
5.1.9 When it's required by law, we'll check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we intend to record this.
5.2 We will not disclose your personal information to any third party except in accordance with this Notice, and in particular in these circumstances:
5.2.1 They will be processing the data on our behalf as a data processor (where we'll be the data controller). In that situation, we'll always have a contract with the data processor as set out in the GDPR. This contract provides significant restrictions as to how the data processor operates so that you can be confident your data is protected to the same degree as provided in this Notice.
5.2.2 Sometimes it might be necessary to share data with another data controller. Before doing that we'll always tell you. Note that if we receive information about you from a third party, then as soon as reasonably practicable afterwards we'll let you know; that's required by the GDPR.
5.2.3 Alternatively, sometimes we might consider it to be in your interest to send your information to a third party. If that's the case, we'll always ask whether you agree before sending.
5.3 Where you give us personal information on behalf of someone else, you confirm that you have provided them with the information set out in this Notice and that they have not objected to such use of their personal information.
5.4 We may allow other people and organisations to use personal information we hold about you in the following circumstances:
5.4.1 If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case personal information held by us, about our customers, will be one of the transferred assets.
5.4.2 If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
5.4.3 We may employ companies and individuals to perform functions on our behalf and we may disclose your personal information to these parties for the purposes set out above, for example, for fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service. Those parties will be bound by strict contractual provisions with us and will only have access to personal information needed to perform their functions, and they may not use it for any other purpose. Further, they must process the personal information in accordance with this Notice and as permitted by the GDPR. From time to time, these other people and organisations to whom we may pass your personal information may be outside the European Economic Area. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Notice and the GDPR.6 Protecting information
6.1 We have strict security measures to protect personal information.
6.2 We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software to encrypt information you input.
6.3 We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
6.4 We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
6.5 It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.7 The internet
7.1 If you communicate with us using the internet, we may occasionally email you about our services and products. When you first give us personal information through the Website, we will normally give you the opportunity to say whether you would prefer that we don't contact you by email. You can also always send us an email (at the address set out below) at any time if you change your mind.
7.2 Please remember that communications over the internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered - this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
7.3 The Website may include links to third-party websites. We do not provide any personally identifiable customer personal information to these third-party websites unless you've consented in accordance with this privacy notice.
7.4 We exclude all liability for loss that you may incur when using these third-party websites.8 Further information
8.1 If you would like any more information or you have any comments about this Notice, please either write to us at Data Protection Manager, Prompts of the Heart, 1 Montrose Close, Sun Valley, 7975 , or email us at info @promptsoftheheart.com
8.2 Please note that we may have to amend this Notice on occasion, for example if we change the cookies that we use. If we do that, we will publish the amended version on the Website. In that situation we will endeavour to alert you to the change, but it's also your responsibility to check regularly to determine whether this Notice has changed.
8.3 You can ask us for a copy of this Notice by writing to the above address or by emailing us at info @promptsoftheheart.com. This Notice applies to personal information we hold about individuals. It does not apply to information we hold about companies and other organisations.
8.4 If you would like access to the personal information that we hold about you, you can do this by emailing us at info @promptsoftheheart.com or writing to us at the address noted above. There is not normally a fee for such a request, however if the request is unfounded, repetitive or excessive we may request a fee or refuse to comply with your request. You can also ask us to send the personal information we hold about you to another controller.
8.5 We aim to keep the personal information we hold about you accurate and up to date. If you tell us that we're holding any inaccurate or incomplete personal information about you, we will promptly amend, complete or delete it accordingly. Please email us at info @promptsoftheheart.com or write to us at the address above to update your personal information.
8.6 You can ask us to delete the personal information that we hold about you if we relied on your consent in holding that information or if it's no longer necessary. You can also restrict or object to our processing of your personal information in certain circumstances. You can do this by emailing us at info
@promptsoftheheart.com or writing to us at the address noted above.
8.7 We will tell you if there is a breach, or a likely breach, of your data protection rights.
Terms of Use
Please read these terms and conditions (these 'Terms') carefully as they contain important information about your rights and obligations when using this website (the 'Website') and in particular clause 9.6 and 9.7. You should print a copy of these terms for future reference.
This Website is provided by Prompts of the Heart.1 How these Terms apply
1.1 By using the Website you are agreeing to comply with and be bound by these Terms regarding the use of the Website in consideration for us allowing you to access and use the Website. You must not use the Website if you do not agree to comply with and be bound by these Terms.
1.2 Use of the Website includes accessing or browsing the Website.
1.3 We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time you use it.
1.4 These Terms refer to the following, which also apply when using this Website:
1.4.1 Privacy Notice, which can be found at www.promptsoftheheart.com/#privacy-policy2 Access
2.1 You are responsible for making all arrangements necessary for you to have access to the Website.
2.2 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
2.3 We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout each year; however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure or other technical issues, or reasons that are beyond our control, required updating, maintenance or repair.
2.4 Where possible, we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
3 Intellectual property
3.1 In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Prompts of the Heart, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
3.2 The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.
3.3 Subject to clause 4 you may:
3.3.1 retrieve and display materials on the Website on a computer screen;
3.3.2 download and store in electronic form materials on the Website; and
3.3.3 copy and print one copy only of materials on the Website.
3.4 Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or in accordance with clause 4.2.2 is expressly prohibited.
3.5 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the Website.
3.6 No licence is granted to you to use any of our trade marks or those of our affiliated companies.
3.7 You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a breach of these Terms.
4 Use of the Website
4.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms as may be amended from time to time without notice to you.
4.2 Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of our website:
4.2.1 for your own private use; or
4.2.2 to draw attention to the content of our website to members of your organisation.
4.3 You must not:
4.3.1 download or print pages of the Website for commercial use other than use permitted by clause 4.2.2;
4.3.2 alter the content of any webpage you download or print; or
4.3.3 use any images, videos or photographs on the webpage without the accompanying text.
4.4 You must:
4.4.1 keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print;
4.4.2 acknowledge us as the owners of the content of the Website;
4.4.3 erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and 4.4.4 destroy any pages of the Website or materials on those pages printed other than in accordance with this clause.
4.5 You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent if you provide us with the information we request.
4.6 We provide access to and use of the Website on the basis that we exclude all representations,
warranties and conditions to the maximum extent permitted by law.
4.7 We reserve the right to:
4.7.1 Make changes to the information or materials on this Website at any time
4.7.2 Temporarily or permanently change, suspend or discontinue any aspect of the Website,
including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party
4.7.3 Refuse to post material on the Website or to remove material already posted on the Website
4.8 You may not use the Website for any of the following purposes:
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4.8.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material
4.8.2 Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person including their right to privacy
4.8.3 Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
4.8.4 Breaching any applicable local, national or international laws, regulations or code of practice
4.8.5 Gaining unauthorised access to other computer systems
4.8.6 Interfering with any other person's use or enjoyment of the Website
4.8.7 Breaching any laws concerning the use of public telecommunications networks
4.8.8 Interfering with, disrupting or damaging networks or websites connected to the Website
4.8.9 Utilisation of data mining, robots or similar data gathering and extraction tools to extract
(whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website
4.8.10 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
4.8.11 To create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website
4.8.12 Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
4.8.13 Selling or re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website
4.8.14 To represent to others that there is any connection between the Website and your business or your views and opinions or that we endorse you or anything connected to you
4.9 In addition, you must not:
4.9.1 Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
4.9.2 Impersonate any other person or fraudulently provide us with incorrect information
4.9.3 Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
4.9.4 Attack the Website via a denial-of-service attack or a distributed denial-of service attack
4.9.5 Damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
4.9.6 Remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website
4.10 A breach of clause 4.9 or 4.8 may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5 Suspending or terminating your access
We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
5.1 You breach these Terms (repeatedly or otherwise)
5.2 You are impersonating any other person or entity
5.3 When requested by us to do so, you fail to provide us within a reasonable time with sufficient
information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4 We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website
6 Linking to the Website
6.1 You must not create a link to the Website from another website, document or any other source
without first obtaining our prior written consent.
6.2 Any agreed link must:
6.2.1 Be to the Website's homepage and not to any other page on the Website
6.2.2 Be established from a website or document that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any intellectual property
rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
6.2.3 Be provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
6.2.4 Not suggest any form of association, approval or endorsement on our part where none exists
6.2.5 Not cause the Website or content on the Website to be embedded in or 'framed' by any other website
6.2.6 Not cause the content of the Website to be displayed differently from the way it appears on the Website
6.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
6.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
7 External links
To provide increased value and convenience to our users, we may provide links to other websites or
resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
7.1 The privacy practices of such websites
7.2 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
7.3 The use which others make of these websites
7.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection
with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
8 Disclaimer
8.1 The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any products, services or information available through the website meet your specific requirements.
8.2 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
8.3 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).
8.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
8.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
8.6 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.9 Limitation of liability and indemnity
9.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.
9.2 We cannot exclude or limit our responsibility to you for:
9.2.1 Death or personal injury resulting from our negligence
9.2.2 Fraud or fraudulent misrepresentation
9.2.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
9.2.4 Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015
9.2.5 Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability
9.3 We will not be liable, in contract or delict (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses where they have arisen from use of or inability to use the Website for commercial purposes, or use of or reliance on any material or content displayed on the Website or on any linked websites for commercial purposes:
9.3.1 Any economic losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings)
9.3.2 Any loss of goodwill or reputation
9.3.3 Any special or indirect losses
9.3.4 Any loss of data
9.3.5 Wasted management or office time
9.3.6 Any other loss or damage of any kind
9.4 If you are not a consumer we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website other than that referred to in clause 9.2.
9.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with
us before using the Website. We are not responsible for unforeseeable losses.
9.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
9.7 If you are a consumer you agree to fully reimburse us, our officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person
accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.
10 Use of personal data
10.1 We envisage that we will request personal information from you whilst you use our website. This information will only be requested and processed in accordance with our Privacy Notice, which can be found at www.promptsoftheheart.com/#privacy-policy.
10.2 In brief, we will act fairly in connection with personal information requested from you, when we request information we will alert you to our Privacy Notice, and unless the information is necessary for a reason specified in the General Data Protection Regulation (GDPR) we will only process it with your consent. Before receiving your information, we'll endeavour to provide the information required by the GDPR.
11 General
11.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
11.2 Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
11.3 These Terms are in English only.
11.4 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.
11.5 Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.
12 Governing law and jurisdiction
12.1 The Website is controlled and operated in South Africa
12.2 If you are a business, these Terms are governed by the laws of South Africa and the courts of South Africa shall have exclusive jurisdiction over legal proceedings in connection with your use of the Website, any breach of these Terms and any question in connection with the interpretation or application of these Terms.
12.3 If you are a consumer these Terms are governed by the laws of South Africa and you can bring legal proceedings in the South African courts. If you live in another country, you can bring legal proceedings in the courts of your home country.
