Description of KCDF and The Website
KCDF is a public philanthropic foundation in Kenya that supports sustainable community-driven development. Formed in 1997, KCDF is the first and oldest indigenous foundation of its kind in East Africa. We believe that systemic and lasting change is possible when communities initiate and drive their development agenda, work with governments and other actors to access basic rights and services as well as harness and grow their resources, with little external support. KCDF, therefore, invests in enhancing organized community-led initiatives to create a firm basis for sustainable development and social justice.
The KCDF Website provides users with access to a variety of information and resources, works of authorship, e-newsletters, news feeds, blogs, and other relevant content (collectively, the “Content”).
If you reside in a jurisdiction that would restrict the use of the Website – or any of the functionalities or features offered via the Website – because of age or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction.
Intellectual property rights
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of KCDF. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of KCDF. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of KCDF or their respective owners.
Except as otherwise expressly stated, all Content appearing on the Website – including all scripts, videos and similar materials, is the copyrighted work of either KCDF or third-party partners and suppliers and is protected by Kenyan and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of KCDF and is protected by Kenyan and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of KCDF, or any applicable third-party suppliers or authorized users. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by KCDF. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. KCDF does not warrant nor represent that your use of any Content or materials displayed on the Website will not infringe the rights of third parties.
KCDF License Grant
Reservation of Rights
KCDF reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website, in whole or in part, including, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the Website or to comply with applicable law. KCDF shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.
Payments and Payments Processing;
You can make an online donation to KCDF. KCDF has engaged the services of third-party payment service provider(s) to process all donation/payment transactions. KCDF is not affiliated with any such third-party payment service provider(s), and neither is the agent or employee of the other, and KCDF is not responsible in any way for the actions or performance (or lack thereof) of such third party payment service provider(s). Accordingly, KCDF expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that KCDF shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third party payment service provider(s) will have access to the information you provide to them when making a donation, you should not make a donation if you are not comfortable with sharing your information with these third parties.
You hereby acknowledge and agree that, for all donations,
- you will not use an invalid or unauthorized credit or debit card or other payment method;
Terms and Conditions on Payments and Processing
You acknowledge and agree that:
- The KCDF website provides an online location for buyers to purchase products that will come into force between us and the seller and accordingly, you commit to buying the relevant product or products, upon the buyer’s confirmation of purchase via the KCDF website.
- Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and seller;
- The price for a product any product will be as stated in the relevant product listing.
- Delivery charges will be payable by the buyer as expressly and clearly stated in the product listing.
- Products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.
Returns and Refund Policy
Returns of products by buyers and acceptance of returned products by sellers shall be managed by KCDF in accordance with our rules on refunds, which shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion.
- In respect of the product price.
- Local and/or international shipping fees (as stated on the refunds page),
- By way of store credits, wallet refunds, vouchers, mobile, money transfers, bank transfers or such other method as we may determine from time to time.
- Returned products shall be accepted and refunds issued by the Kenya Community Development Foundation.
You must make payments due under these general terms and conditions in accordance with payment information and guidelines on the website.
No Refund Policy:
- Please note that once a donation is made or an item is purchased from the website course, no refunds will be issued beyond the specified refund period.
- We encourage you to review all the details before donating or making a purchase decision.
- We cannot offer refunds after the specified refund period has passed.
- In the event of technical issues or unforeseen circumstances that prevent access to the item of purchase, we will work diligently to resolve the issue. If access is not restored within a reasonable timeframe, a refund may be considered at our discretion.
- Refund requests based on dissatisfaction with item purchased will be evaluated on a case-by-case basis.
By making a purchase on our digital website, you acknowledge and agree to the Terms, Policies and Conditions of this site. These policies are subject to change, and any updates will be communicated through our website.
You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of KCDF Website and all Content. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with KCDF Website is solely at your own risk. While KCDF has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from KCDF Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, KCDF is not responsible for the security of any information transmitted to or from the Website.
In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Website, will not be, or alleged to be unlawful, unauthorized, fraudulent or malicious in purpose. In addition, you agree you will not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Content or in any way;
- modify or make derivative works based upon the Website or Content;
- create Internet “links” to the Service or “frame” or “mirror” the Website on any other server or wireless or Internet-based device;
- reverse engineer or access the Website in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Website;
- interfere with or disrupt the integrity or performance of the Website or the data contained therein, or attempt to gain unauthorized access to the Website or its related systems or networks.
Links To Third-Party Websites/Materials/Content
Service Provided In United States; Compliance With Laws
The KCDF Website is hosted in the United States. If you are a non-U.S. user of KCDF, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
We make no representations that the Website and all information contained therein, including any Content, is appropriate, available or legal in any particular location. The Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject KCDF to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Website and all related services, information or Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.
The Content contained on this Website has been prepared by KCDF as a convenience to its donors, users, and Website visitors. KCDF has used reasonable efforts in collecting, preparing and providing such Content, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content contained in or linked to this Website or any other Website maintained by KCDF.
ALL CONTENT IN THIS WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND KCDF EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. KCDF MAKES NO WARRANTY THAT THE WEBSITE AND CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation Of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL KCDF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, OR PERSONAL INJURY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), AND YOUR USE OF OUR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE KCDF AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AND KCDF AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR KCDF WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR KCDF ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND KCDF FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, KCDF, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Term and Termination.