Uplift: Terms & Conditions
These Terms & Conditions apply to nominations made for the Uplift initiative operated by DEBRA ROZOWSKY ("Debbi", "we", "us" or "our").
Please read these Terms & Conditions carefully before submitting a nomination.
By ticking the acceptance box and submitting a nomination, you confirm that you have read, understood and accepted these Terms & Conditions.
1. What Uplift is
1.1. Uplift is a discretionary, once-off gift initiative.
1.2. Its purpose is to identify a specific, current practical need or meaningful opportunity and, where Debbi considers it appropriate and possible, provide a once-off gift or arrange a once-off service or activity to address that need.
1.3. Uplift is not an ongoing support programme.
1.4. Uplift is not a medical, healthcare, therapeutic, nursing, personal-care, financial, legal or emergency assistance service.
2. Nominations
2.1. Anyone who is eligible to use the nomination form may submit a nomination, subject to these Terms & Conditions.
2.2. A nomination must contain information that is accurate and, to the best of the nominator’s knowledge, complete.
2.3. The nominator must not knowingly provide false, misleading, defamatory or unlawful information.
2.4. Submitting a nomination does not:
2.4.1. guarantee that the nomination will be selected;
2.4.2. guarantee that the proposed gift will be provided;
2.4.3. create a contract requiring Debbi to provide an Uplift;
2.4.4. create a right to receive money or another benefit; or
2.4.5. create an obligation on Debbi to provide a reason if a nomination is not selected.
3. Selection of nominations
3.1. Each nomination will be considered individually.
3.2. Debbi has discretion to determine:
3.2.1. whether a nomination is suitable;
3.2.2. whether an Uplift is reasonably possible;
3.2.3. what form the Uplift should take;
3.2.4. whether the proposed activity or gift is appropriate;
3.2.5. whether a third-party provider should be used; and
3.2.6. whether the nomination should be declined.
3.3. Debbi may decline a nomination without providing a reason.
3.4. Where appropriate, Debbi may propose an alternative Uplift.
4. The surprise
4.1. The nomination is intended to be a surprise for the person being nominated.
4.2. The nominator may therefore ask Debbi not to disclose the nomination in advance.
4.3. The fact that the nomination is a surprise does not mean that the recipient will be required to participate in an activity without being informed.
4.4. Where an activity requires the recipient’s knowledge, consent or participation, the recipient will be informed and the necessary consent will be obtained before the relevant activity takes place.
5. Activities that Uplift does not provide
5.1. Uplift does not provide or arrange, as part of the initiative:
5.1.1. emergency assistance;
5.1.2. transportation of recipients;
5.1.3. medical diagnosis or treatment;
5.1.4. medical advice;
5.1.5. nursing care;
5.1.6. personal care;
5.1.7. financial assistance or cash donations;
5.1.8. ongoing care or support;
5.1.9. legal advice;
5.1.10. financial advice; or
5.1.11. other professional services where Debbi is not appropriately qualified or authorised to provide them.
5.1.12. If a person requires professional, medical, emergency or other specialist assistance, they should obtain that assistance from an appropriately qualified provider.
6. Specialist and professional services
6.1. Some Uplifts may involve a specialist or professional service.
6.2. Where appropriate, Debbi may arrange for an independent third-party provider who is appropriately qualified, licensed, registered or otherwise competent for the relevant work.
6.3. Examples may include professional personal services, healthcare-related services or specialist work at a property.
6.4. Debbi does not represent that she herself is qualified to perform specialist professional work unless expressly stated otherwise.
6.5. The third-party provider is responsible for the professional service or work that the provider performs, including any professional obligations applicable to that provider.
6.6. Debbi does not supervise or certify the professional work of an independent provider unless she expressly agrees to do so.
7. Work at private homes or property
7.1. An Uplift may sometimes involve work or an activity at a person’s home or other property.
7.2. No person may enter or carry out work at a property without the appropriate permission from the owner or lawful occupier.
7.3. Where construction, electrical, plumbing, engineering or other specialist work is proposed, Debbi may require the work to be undertaken by an appropriately qualified or competent provider.
7.4. Debbi does not provide engineering, construction, electrical or other specialist certification.
7.5. The property owner or lawful occupier remains responsible for granting permission for work to be undertaken on the property and for providing any information about the property that is reasonably necessary for the safe performance of the work.
8. Recipient consent
8.1. A nomination by one person does not constitute consent by the person who has been nominated.
8.2. Where the proposed Uplift requires the recipient to:
8.2.1. participate in an activity;
8.2.2. receive a service;
8.2.3. allow access to their home or property;
8.2.4. provide personal information;
8.2.5. have photographs or recordings taken; or
8.2.6. otherwise give consent,
the appropriate consent will be obtained from the recipient before the relevant activity takes place.
8.3. Where a person is legally unable to provide consent, the appropriate legally authorised person must provide any consent that is required.
9. Safety and risk
9.1. Debbi takes reasonable care when considering proposed Uplifts and may refuse or modify any proposed Uplift where she considers the proposed activity, gift, service or arrangement unsuitable, impractical or unreasonably risky.
9.2. A person participating in an Uplift remains responsible for following reasonable safety instructions and for providing accurate information relevant to the proposed activity.
9.3. A person must inform Debbi or the relevant service provider of any material circumstance known to them that could reasonably affect the safety or suitability of the proposed Uplift.
9.4. Nothing in these Terms & Conditions requires any person to participate in an activity that they do not wish to undertake.
10. Liability and legal rights
10.1. To the maximum extent permitted by law, Debbi shall not be liable for any loss, damage, injury, expense, claim or other liability suffered or incurred by any nominator, recipient or other person arising out of or in connection with an Uplift, where such loss, damage, injury, expense, claim or liability is caused by or results from:
10.1.1. the independent acts or omissions of any third-party provider, contractor or other person involved in providing or facilitating the Uplift;
10.1.2. the recipient’s failure to follow reasonable instructions, warnings or safety requirements;
10.1.3. inaccurate, incomplete or misleading information provided by the nominator, recipient or any other person;
10.1.4. circumstances, events or conditions beyond Debbi’s reasonable control;
10.1.5. the recipient’s decision to participate in an activity after being appropriately informed of its nature, requirements or risks;
10.1.6. any pre-existing condition, circumstance or limitation relating to the recipient which was not disclosed to Debbi, and which affects the recipient’s ability to safely participate in or benefit from the Uplift;
10.1.7. the acts or omissions of the nominator, recipient or any other person who is not acting on Debbi’s behalf; or
10.1.8. any other circumstance where Debbi is not legally responsible for the relevant loss, damage, injury, expense, claim or liability.
10.2. To the maximum extent permitted by law, Debbi shall not be liable for any punitive, consequential, incidental, exemplary, indirect or special loss or damage, whether or not such loss or damage was foreseeable, arising from or in connection with an Uplift.
10.3. Debbi does not guarantee that any particular Uplift will be available, suitable, successful or capable of achieving any particular outcome. Debbi may modify, postpone, discontinue or withdraw an Uplift where she considers this reasonably necessary or appropriate.
10.4. Where an Uplift involves a third-party provider, Debbi may facilitate or arrange for that provider to provide the relevant goods or services but does not assume responsibility for the independent acts or omissions of that provider, subject always to any liability which cannot lawfully be excluded.
10.5. Nothing in these Terms & Conditions excludes or limits Debbi’s liability for gross negligence or any other liability, right or remedy which cannot lawfully be excluded or limited under applicable South African law, including the Consumer Protection Act 68 of 2008, where applicable.
11. Third-party providers
11.1. Where Debbi uses an independent third-party provider, the provider may have its own terms, consent requirements, professional obligations and privacy policies.
11.2. The recipient may be required to accept those terms before receiving the relevant service.
11.3. Debbi will not knowingly appoint a provider whom she reasonably believes is unsuitable for the relevant task.
11.4. Nothing in these Terms & Conditions transfers a third-party provider’s own legal responsibilities to the nominator or recipient.
12. Photographs, video and stories
12.1. No person is required to agree to publicity in order to receive an Uplift.
12.2. Debbi will not publish a recipient’s identifiable photograph, video, name or personal story for publicity purposes without obtaining the appropriate consent.
12.3. A separate consent may be requested for publicity.
12.4. Refusing publicity consent will not, by itself, disqualify a person from consideration for an Uplift.
13. Personal information
13.1. Personal information submitted through the Uplift nomination process will be processed in accordance with the Uplift Privacy Policy.
13.2. The Privacy Policy explains:
13.2.1. what information is collected;
13.2.2. why it is collected;
13.2.3. how it is used;
13.2.4. when it may be shared;
13.2.5. how long it may be retained; and
13.2.6. the rights available to data subjects under applicable privacy law.
13.3. The nominator confirms that they have read the Privacy Policy before submitting the nomination.
13.4. The nominator should not submit unnecessary sensitive personal information about another person.
14. Information supplied about another person
14.1. If you nominate another person, you confirm that, to the best of your knowledge, you are entitled to provide the information you submit.
14.2. You must not provide information that you know has been obtained unlawfully.
14.3. Where Debbi needs to obtain further information directly from the nominated person, she may contact that person or ask the nominator to facilitate the contact.
14.4. The nomination process is not intended to authorise the nominator to make decisions on behalf of the recipient about medical treatment, healthcare or other matters requiring the recipient’s own informed consent.
15. Children and persons unable to consent
15.1. Uplift is not intended to collect unnecessary information about children.
15.2. Where a proposed Uplift involves a child, or a person who cannot lawfully provide the required consent, Debbi may require consent from a parent, guardian or other person legally authorised to provide it.
15.3. Debbi may decline any nomination where appropriate consent cannot reasonably be obtained.
16. No medical or professional reliance
16.1. Information appearing on the Uplift website is general information about the initiative.
16.2. It is not medical, legal, financial or other professional advice.
16.3. Nothing on the website or in these Terms & Conditions should be relied upon as a substitute for advice from an appropriately qualified professional.
17. Changes or withdrawal
17.1. Debbi may amend, suspend or discontinue Uplift at any time.
17.2. Any amendment to these Terms & Conditions will apply to nominations submitted after the amended Terms & Conditions have been published, unless otherwise required by law.
17.3. Debbi may withdraw or modify an intended Uplift where circumstances change or where proceeding would no longer be appropriate or safe.
18. No transfer
18.1. A nomination or an intended Uplift may not be sold, transferred or exchanged for cash.
18.2. An Uplift is intended for the person selected by Debbi and may not be transferred to another person unless Debbi agrees.
19. Complaints
19.1. Any complaint concerning an Uplift should first be directed to:
19.1.1. DEBRA ROZOWSKY
19.1.2. Email: debbi@ptsd.co.za
19.2. Debbi will consider complaints in good faith and will respond where reasonably possible.
19.3. Nothing in this clause limits a person’s right to approach a competent authority or exercise a legal right available to them.
20. South African law
20.1. These Terms & Conditions are governed by the laws of the Republic of South Africa.
20.2. Any dispute will be dealt with by a court or other forum having lawful jurisdiction.
20.3. Nothing in these Terms & Conditions deprives a person of any mandatory right to approach a court, tribunal, regulator or other competent authority.
21. Severability
21.1. If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be severed or limited to the extent necessary, and the remaining provisions will continue to apply to the extent permitted by law.
22. Nomination Form and Acceptance
22.1. The nomination form incorporates the necessary acknowledgements and confirmations required from the nominator.
22.2. By completing and submitting the nomination form, the nominator confirms that they have read and understood, and agree to, these Terms & Conditions and the Uplift Privacy Policy.
22.3. By ticking the acceptance box and submitting the nomination, the nominator confirms that they have had an opportunity to read and understand these Terms & Conditions before submitting the nomination.
22.4. The nominator further confirms that, to the best of their knowledge, they are entitled to provide the information submitted about the person they are nominating.
22.5. Acceptance of these Terms & Conditions by the nominator does not constitute consent by the nominated person to receive or participate in an Uplift. Where the recipient’s consent is required, the appropriate consent will be obtained separately before the relevant activity or service takes place.