Terms & Conditions
Introduction
The following Terms and Conditions, along with our Privacy Policy (together with the “Terms”), govern your use of our website (the “Website”). They have been made in accordance with Kenyan legislation and regulations.
Using or accessing our website constitutes your acceptance of these Terms. If you do not accept these Terms, please do not use our website. If you visit or use our website, you will be bound by these Terms, and they will form a contract between you and us.
These Terms apply to the entire contents of our website and to any correspondence by email between us and you. Our privacy statement also forms part of these Terms and should be read in addition. Some parts of our website may also contain additional rules which apply in addition to these Terms.
You agree to only use our site in a manner that complies with all applicable laws and regulations and is consistent with these Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our site (including, without limitation, by hacking). We reserve the right in our sole discretion to deny any user access to any of our websites without prior notice.
Kianda Foundation reserves the right to change these Terms at any time. The amended Terms will be posted on our website and will apply from the date we post them. Please check these Terms on each occasion you use our website. If you continue to use our site, you will be bound by the latest Terms.
Intellectual property rights
You acknowledge that all copyright, trademarks and other intellectual property rights in our websites and all photographs, footage, designs, images, text, software, data and other material on our sites or generated by our sites are owned by our licensors. You are permitted to use the site and this material only as expressly authorised by us.
Subject to these Terms, you may download, view, store and print any part of the Website intended for public viewing for your own personal use, provided in each case that copyright and source indications are also printed and copied, no modifications are made to the materials and they are not used as part of any other publication, any document is printed and copied entirely and is not used in a derogatory or misleading context and the material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our charitable objects.
You may not use the Website or any material contained herein for any other purpose, commercial or otherwise. In particular, you must not do the following unless you have first obtained our written permission: incorporate any material from our sites in any other work or publication, whether in hard copy or electronic form or make any commercial use or publication of any material on our sites (other than as necessary for the purpose of viewing the sites in the course of business).
The photographic, text and other graphic images within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed or otherwise exploited.
Any rights not expressly granted in these Terms are reserved.
Liability
Kianda Foundation accepts no duty to place information on the Website. Kianda Foundation may edit, amend or remove any information, material or content on the Website at any time without notice.
Whilst Kianda Foundation seeks to provide accurate information on the Website, Kianda Foundation neither makes nor gives any representations or warranties, express or implied, about the Website or any material, information or hypertext links on the Website, including as to, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, legibility, speed of download or access, or timeliness.
Part of the Website may contain material submitted to Kianda Foundation by third parties. Kianda Foundation cannot be held responsible for any error, omission or inaccuracy in such material and reserves the right at its absolute discretion to omit, suspend or change any material submitted without giving notice.
Kianda Foundation shall not be liable for any damages, including, without limitation, direct, indirect or consequential losses, or any other damages or loss of profits whatsoever, arising directly or indirectly in contract, tort or otherwise, from the use of or inability to use the website (or any hypertext links to or from the Website), or any information contained (or not contained) in the Website (or any other website to which hypertext links to or from the Website may exist).
Links
Our sites may contain links to third party websites. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third websites linked to or from our websites, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
If you wish to link from your website to any pages of our sites, you may do so only on the basis that you link to, but do not replicate, the website page, and subject to the following conditions: the linking must simply consist of the website address, you do not remove, distort or otherwise alter the size or appearance of any logos on our sites, you do not in any way imply that we are endorsing any products or services, you do not misrepresent your relationship with us nor present any other false information about us, you do not link from a website that is not owned by you and your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our sites.
Communications
You shall ensure the accuracy, truth, lawfulness and decency of the content of your emails or any other material you send to Kianda Foundation. You shall ensure that any such email or material is free from any indecent, obscene, offensive, defamatory or fraudulent statement. You agree to indemnify Kianda Foundation for any losses, costs, expenses or liabilities which Kianda Foundation may incur as a result of your breach of this clause.
Kianda Foundation may filter, edit, refuse to post or delete any email or material sent to Kianda Foundation without notice and in its absolute discretion. Kianda Foundation does not accept any liability for any material posted on the site by a third party.
Donations
A donation you make through this website to Kianda Foundation, like all charitable donations, is not refundable. We may consider (in our absolute discretion) a refund if the donation was made accidentally or in some other extremely unusual circumstance if we receive a written request within 48 hours of the donation.
Kianda Foundation will never issue a refund after the donated funds have been granted to a project.
Privacy
We use, store and process information about you in accordance with our Privacy statement. By using our website, you consent to such use, storage and processing.
Law, courts and language
These Terms, use of our sites and services by us are governed by and to be interpreted in accordance with Kenyan law. In the event of any dispute arising in relation to these Terms, use of our sites or in relation to the supply of any products or services by us the Kenyan courts will have jurisdiction over the dispute. These Terms and our websites are provided in the English language only.
General
The invalidity or unenforceability in any jurisdiction of any of these Terms shall not affect the validity or enforceability of any other of these Terms. If any term is invalid or unenforceable, it shall be deemed to be amended to the minimum extent required to render such term valid or enforceable, such amendment to be determined by Kianda Foundation.
Nothing in these Terms restricts or excludes any liability which Kianda Foundation may have in respect of personal injury, death, its own fraud, or any liability which cannot be lawfully excluded under Kenyan law.
Kianda Foundation may transfer its rights and obligations in respect of any matter relating to the Website to a third party. You may not transfer any rights or obligations which you may have under these Terms.