Last updated: 20 April 2026
These Website Terms and Conditions govern your access to and use of the Theo Grimbeek website, including any content, donation functionality, fundraising pages, contact forms, and the online fundraising store.
By accessing or using this website, you agree to be bound by these Terms and Conditions. If you do not agree, you should not use the website.
1. Definitions
In these Terms and Conditions:
“Website” means the Theo Grimbeek website and all pages, content, forms, systems, and services made available through it.
“Legal Owner”, “we”, “us”, or “our” means Theo Grimbeek.
“you” or “user” means any person who accesses or uses the Website.
“Store” means the online fundraising shop made available through the Website.
“Donation” means a voluntary monetary contribution made through the Website or a connected donation process.
“Goods” means physical products sold through the Store.
“Payment Gateway” means a third-party payment processor used on the Website, including YOCO and PayFast.
2. Who We Are
This Website is operated for the Theo Grimbeek fundraising initiative.
Legal Owner: Theo Grimbeek
Information Officer: Annalize Grimbeek
Phone / WhatsApp: +27 71 109 8467
Email: donations@theogrimbeek.co.za
Physical / Correspondence Address: 3737 Nivenia Road, Betty’s Bay, Western Cape, South Africa.
3. Scope of These Terms
These Terms and Conditions apply to your use of the Website generally, including:
browsing the Website;
submitting contact or enquiry forms;
making a Donation;
purchasing Goods through the Store;
subscribing to updates or communications; and
interacting with any content, functionality, or services made available through the Website.
These Terms must be read together with the Website’s Privacy Policy, Shipping Terms and Conditions, Returns and Refunds Policy, and any other policy or notice published on the Website.
4. Eligibility and Use of the Website
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
You agree not to:
use the Website in any manner that is unlawful, fraudulent, harmful, abusive, defamatory, or misleading;
attempt to gain unauthorised access to the Website, any account, server, database, or related system;
interfere with the security, operation, or proper functioning of the Website;
introduce malicious code, viruses, bots, worms, or any other harmful technology;
scrape, copy, reproduce, harvest, or exploit Website content or user information without authority;
misuse donation tools, checkout functionality, forms, or communication features; or
use the Website in a way that infringes the rights of any other person.
We may restrict, suspend, or terminate access to the Website where we reasonably believe that these Terms have been breached.
5. Website Content and General Information
The Website is intended to provide information about Theo Grimbeek, the fundraising initiative, campaign updates, ways to support the initiative, and Goods available through the Store.
While we make reasonable efforts to keep information accurate and current, we do not guarantee that all Website content is always complete, accurate, or up to date. Campaign details, product availability, pricing, donation messaging, and other content may change from time to time without notice.
Nothing on the Website constitutes professional legal, medical, financial, or other regulated advice.
6. Donations
The Website may allow users to make Donations in support of the Theo Grimbeek fundraising initiative.
By making a Donation, you acknowledge and agree that:
a Donation is a voluntary contribution;
a Donation is not the purchase of Goods unless expressly stated otherwise;
Donation transactions may be processed through third-party systems and Payment Gateways;
we may issue confirmation of the Donation using the details you provide; and
Donations are generally non-refundable once successfully processed, except where a refund is required by law or approved by us in cases such as duplicate payments, obvious processing errors, technical failures, or suspected unauthorised transactions.
We reserve the right to refuse, flag, delay, or review any Donation where fraud, unlawful activity, chargeback risk, or payment irregularity is suspected.
7. The Fundraising Store
The Store forms part of a fundraising initiative and may include donated items, once-off items, limited-availability items, pre-owned items, handmade items, shop-soiled items, or items sold in a specifically disclosed condition.
By placing an order through the Store, you acknowledge that:
Goods may be unique, limited, or non-repeatable;
some Goods may be sold in a condition clearly disclosed on the product page;
support of the initiative forms part of the nature and purpose of the transaction; and
product images are for general illustration and may vary slightly from the delivered item, subject to the item being materially as described.
Nothing in these Terms excludes rights that may apply under South African law.
8. Product Descriptions and Availability
We aim to describe Goods as accurately as reasonably possible. However:
colours, textures, dimensions, and finishes may vary depending on screens, devices, photography, or the nature of the item;
handmade, donated, second-hand, or once-off Goods may show variations or characteristics consistent with their disclosed nature; and
all Goods remain subject to availability.
If Goods become unavailable after an order is placed, we may cancel the order and issue a refund for the affected item or the full order, depending on the circumstances.
9. Pricing and Payment
All prices displayed on the Website are in South African Rand unless stated otherwise.
Payments made through the Website may be processed via third-party Payment Gateways, including YOCO and PayFast. By making a payment, you agree to comply with the terms and conditions of the applicable Payment Gateway provider in addition to these Terms.
We do not intend to store full payment card details on our own Website systems where payment processing is handled by a third-party Payment Gateway.
We reserve the right to correct any pricing error, technical mistake, or obvious misstatement appearing on the Website. If a material pricing error is discovered after an order or Donation attempt, we may cancel the affected transaction and refund any amount already paid.
10. Orders and Acceptance
An order placed through the Store constitutes an offer to purchase Goods from us.
Receipt of an order confirmation or payment confirmation does not necessarily mean that the order has been finally accepted. We may decline or cancel an order where:
Goods are unavailable;
pricing or product information was materially incorrect;
fraud or misuse is suspected;
the payment cannot be authorised or verified; or
the order cannot reasonably be fulfilled.
If an order is cancelled after payment has been received, we will arrange an appropriate refund.
11. Shipping, Delivery, Returns, and Refunds
Shipping arrangements for Store purchases are governed by the Shipping Terms and Conditions published on the Website.
Returns, exchanges, defective goods, damaged items, cooling-off rights where applicable, and refunds are governed by the Returns and Refunds Policy published on the Website.
Where there is any inconsistency between these Terms and a specific published shipping or returns policy, the more specific policy will apply to the extent of that inconsistency, subject always to applicable law.
12. User Submissions and Communications
If you submit content through the Website, including contact messages, donation notes, testimonials, reviews, or other communications, you agree that:
your content must be lawful, truthful, and not misleading;
your content must not be defamatory, abusive, offensive, invasive of privacy, discriminatory, or infringing of any third-party rights;
you will not upload or submit malicious code or harmful files; and
we may remove, moderate, refuse, or not publish any submission at our discretion.
If you submit content intended for public display, such as a donor message or tribute, you grant us a non-exclusive, royalty-free right to use, display, reproduce, and moderate that content for purposes connected with the Website and fundraising initiative.
13. Intellectual Property
Unless otherwise stated, the Website content, layout, design elements, text, graphics, branding, logos, campaign content, photographs, downloads, and other materials on the Website are owned by, licensed to, or used with permission by the Legal Owner or relevant rights holders.
You may view and use the Website for personal, lawful, non-commercial purposes only.
You may not, without prior written permission:
reproduce, distribute, publish, transmit, adapt, reverse engineer, exploit, or commercially use Website content; or
use any trademark, logo, campaign asset, or branding in a way that suggests endorsement or affiliation where none exists.
14. Third-Party Services and Links
The Website may integrate with or link to third-party services, including payment gateways, donation systems, courier services, social media platforms, embedded content, analytics services, or external websites.
We do not control and are not responsible for the content, policies, practices, availability, or security of third-party platforms or services. Your use of those services may be subject to their own terms and privacy policies.
15. Privacy and Personal Information
Personal information collected through the Website is processed in accordance with the Website’s Privacy Policy.
By using the Website, submitting a form, making a Donation, or placing an order, you acknowledge that your personal information may be collected, used, stored, and disclosed as described in the Privacy Policy and as reasonably necessary to operate the Website, process transactions, fulfil orders, and administer the fundraising initiative.
16. Direct Marketing and Communications
Where permitted by law, we may send campaign updates, fundraising communications, order notifications, donation confirmations, or other service-related messages.
Where a communication amounts to direct marketing, you may opt out or object using the methods provided in the communication or by contacting us directly. POPIA and the Information Regulator’s guidance set rules for unsolicited electronic direct marketing and objection rights. (Government of South Africa)
17. Availability and Security
We do not guarantee that the Website will always be available, uninterrupted, error-free, or free from vulnerabilities.
We may suspend, withdraw, update, modify, or discontinue any part of the Website at any time without notice.
Although we take reasonable steps to secure the Website, you acknowledge that use of the internet is not entirely secure and that use of the Website is at your own risk to the extent permitted by law.
18. Disclaimers
The Website and its content are provided on an “as is” and “as available” basis, to the extent permitted by law.
To the fullest extent permitted by law, we make no express or implied warranty regarding:
uninterrupted or error-free Website functionality;
the continued availability of any content, campaign page, product, or feature;
compatibility with every device, browser, or operating system; or
the accuracy or completeness of all third-party content or external services.
Nothing in these Terms excludes any warranty, right, or remedy that cannot lawfully be excluded.
19. Limitation of Liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, punitive, or consequential loss or damage arising from or connected with:
use of or inability to use the Website;
interruption, downtime, or technical failure;
third-party service failures;
unauthorised access beyond our reasonable control;
reliance on Website content; or
any event outside our reasonable control.
To the extent that liability cannot lawfully be excluded, it will be limited to the minimum extent permitted by applicable law.
Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that may not lawfully be excluded or limited.
20. Indemnity
You agree to indemnify and hold harmless Theo Grimbeek, the Website operators, service providers, agents, and representatives from and against claims, losses, liabilities, damages, costs, and expenses arising from:
your breach of these Terms;
your unlawful use of the Website;
content or data you submit through the Website; or
your infringement of any rights of another person.
This clause applies only to the extent permitted by law.
21. Complaints and Disputes
If you have a complaint about the Website, a Donation, an order, the handling of personal information, or any related matter, please contact us first so that we can try to resolve it.
Legal Owner: Theo Grimbeek
Information Officer: Annalize Grimbeek
Phone / WhatsApp: +27 71 109 8467
Email: donations@theogrimbeek.co.za
Nothing in these Terms prevents a user from exercising rights or lodging complaints with an appropriate regulator or forum where the law allows.
22. Changes to These Terms
We may update or amend these Terms and Conditions from time to time.
Any updated version will be published on the Website with the revised “Last updated” date. The version published at the time of your use of the Website or transaction will generally apply to that use or transaction, unless a change is required by law.
23. Governing Law
These Terms and Conditions are governed by the laws of the Republic of South Africa.
Any dispute arising from or in connection with these Terms, the Website, a Donation, or a Store transaction will be subject to the rights and remedies available under South African law.
24. Contact Details
For any questions about these Terms and Conditions, please contact:
Legal Owner: Theo Grimbeek
Information Officer: Annalize Grimbeek
Phone / WhatsApp: +27 71 109 8467
Email: donations@theogrimbeek.co.za
Physical / Correspondence Address: 3737 Nivenia Road, Betty’s Bay, Western Cape, South Africa.