Terms & Conditions

1. Introduction

These Terms and Conditions apply to this website, https://winkymovie.com (“the Website”), and to any transactions or interactions related to donations made through the Website. By making a donation, you agree to these Terms and Conditions.

2. Binding

By accessing, using, or donating through this Website, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, you should not use this Website.

3. Purpose of Donations

Donations made through this Website are used solely for the funding of the film project Winky. All proceeds from the film will be donated to the Saartjie Baartman Centre for Women and Children.

Donations are voluntary and do not entitle the donor to ownership, rights, or financial return in the project or its proceeds.

4. Electronic Communication

By donating or communicating with us via this Website, you consent to receive electronic communications from us (such as donation confirmations, notices, and updates). These communications satisfy any legal requirements for written communication.

5. Intellectual Property

We, or our licensors, own and control all copyright and other intellectual property rights in the Website, film-related materials, and the data, information, and resources displayed here.

  • All rights reserved: Unless expressly permitted in writing, you may not copy, reproduce, distribute, adapt, modify, or commercialize any content from this Website.

  • You may, however, share links to the Website or forward our newsletter for awareness.

6. Donations and Payment Processing

  • Donations are processed securely via PayPal. We do not collect or store full credit card or banking details.

  • All donations are processed in South African Rand (ZAR) unless otherwise stated. International donors may be charged conversion or transaction fees by their banks.

  • By making a donation, you also agree to PayPal’s terms and policies.

7. Refund Policy

Donations are generally non-refundable. However, in the event of an error (e.g., duplicate payment or incorrect amount), refund requests may be submitted within 14 days of the transaction by emailing hello@winkymovie.com. Each request will be reviewed on a case-by-case basis.

8. Privacy and Data Protection

We respect your privacy and comply with South Africa’s POPIA, the GDPR, and other international data protection laws.

  • Data collected: name, email address, billing information, and donation amount.

  • Purpose: to process donations, issue receipts, communicate updates, and maintain donor records.

  • Sharing: your data is only shared with trusted third parties (e.g., PayPal) for secure processing.

  • Your rights: you may request access, correction, or deletion of your data at any time by emailing hello@winkymovie.com.

For full details, please see our [Privacy Policy].

9. Third-Party Links

This Website may contain links to third-party sites. We do not monitor or endorse their content, and are not responsible for their privacy practices, terms, or services. Use of such websites is at your own risk.

10. Responsible Use

You agree not to misuse this Website, interfere with its operation, or engage in unlawful or harmful activity, including spreading malicious software or harvesting donor data.

11. Warranties and Liability

  • This Website and its content are provided “as is” without warranties of any kind.

  • We do not guarantee uninterrupted access, accuracy, or error-free operation.

  • Nothing on this Website constitutes legal, financial, or professional advice.

  • To the maximum extent permitted by law, we are not liable for damages, losses, or costs arising from use of this Website or donation transactions.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of South Africa. Any disputes shall be subject to the jurisdiction of the courts of South Africa, without prejudice to mandatory consumer protections in your country of residence.

13. Updates to These Terms

We may update these Terms and Conditions from time to time. The “last updated” date above reflects the most recent version. Continued use of the Website after changes are posted constitutes acceptance of the updated Terms.

14. Contact Information

This Website is owned and operated by Winky, based in Cape Town, South Africa.

For questions about these Terms, please contact us at:
Email: hello@winkymovie.com
Address: Cape Town, South Africa