Terms and conditions

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE GIVE DIRECTLY, INC. (“KCDF” OR “WE” OR “US” OR “OUR”). THE WEBSITE LOCATED AT KCDF.OR.KE  (THE “WEBSITE”), IS OWNED AND OPERATED BY THE KENYA COMMUNITY DEVELOPMENT FOUNDATION (KCDF). BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT. YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY KCDF.

KCDF IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE.  YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY KCDF FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT.  YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

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”).

Personal Information

You can visit the Website and access most of the Content, features and functionality without being required to provide us with any personal information. However, to gain access to certain Content and some activities will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy.

Age Requirements

KCDF Website is intended solely for users who are 12 years of age or older, and any registration by, use of, or access to the Website by anyone under 12 is unauthorized.  If you are 12 or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision.  Additionally, you have to be 18 years of age or older to make a donation.  If you are a parent or guardian of a child who is at least 12 years of age, but under the age of 18, and you give your child permission to use the Website, you hereby agree to the terms set forth in these Terms of Use on behalf of both yourself and your child.

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.

Copyright

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

These Terms of Use provide you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access the Website solely for your own personal use.  Your use of the Website, and access to the Content, including any images, videos, materials or information made available through the Website are conditioned on your continued compliance with the terms and conditions of these Terms of Use.  Accordingly, you expressly acknowledge and agree that KCDF transfers no ownership or intellectual property interest or title in the Content.

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,

  1. you will not use an invalid or unauthorized credit or debit card or other payment method;
  2. all donations are final and non-refundable. If you have any questions regarding any donation, please contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

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.

Payments

You must make payments due under these general terms and conditions in accordance with payment information and guidelines on the website.

Cancellation Policy

Cancellation requests of payments can be made within 24 Hours from the date / Time of purchase. To request a cancellation, please contact our customer support team at This email address is being protected from spambots. You need JavaScript enabled to view it. or (254) 722-168480 / (254) 736-449217, and the cancellation processing will be initiated. Cancellation requests made after the 7th day period will not be eligible for a refund.

Refund Policy:

If you are not satisfied with your purchase, you may request a refund within 24 hours from the date of purchase of any items from our website. To request a refund, please contact our customer support team at This email address is being protected from spambots. You need JavaScript enabled to view it. or (254) 722-168480 / (254) 736-449217, Provide your order details and the reason for your dissatisfaction. Refunds will be processed to the original payment method within 21 business days upon approval of the refund request.

No Refund Policy:

  1. 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.
  2. We encourage you to review all the details before donating or making a purchase decision.
  3. We cannot offer refunds after the specified refund period has passed.

Exceptions:

  1. 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.
  2. 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.

Additional Acknowledgments.

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.

Prohibited Use/Activities

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:

  1. 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;
  2. modify or make derivative works based upon the Website or Content;
  3. create Internet “links” to the Service or “frame” or “mirror” the Website on any other server or wireless or Internet-based device;
  4. 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;
  5. 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;
  6. 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.

KCDF will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that KCDF has no obligation to monitor your access to or use of the Website but has the right to do so for the purpose of operating the Website and providing the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links To Third-Party Websites/Materials/Content

The Website contains hyperlinks to other websites – including a variety of social media sites such as Facebook, Twitter, Instagram, YouTube and LinkedIn – each owned and operated by parties other than KCDF. We do not control the websites accessed from such hyperlinks and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. KCDF shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such linked website. KCDF is not responsible for the privacy practices of any other website, and we encourage you to read the privacy policy of each website you visit prior to providing them any information or undertaking any activities.

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.

General Disclaimer

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.

Indemnity

You agree to defend, indemnify, and hold harmless KCDF and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of this Terms of Use, or ii) any act or omission related to your use of this Website or Content.

Governing Law

This Terms of Use has been made in and will be construed and enforced solely in accordance with the laws of Kenya as applied to agreements entered and completely performed in Kenya. You and KCDF each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the Kenyan judicial system.

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.

Arbitration

At KCDF’s sole discretion, any disputes or claims under this Terms of Use or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules.  One arbitrator appointed under such rules shall conduct arbitration.  Any such arbitration shall be in Arlington County, Virginia, and the laws of Virginia shall be applied.  Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, KCDF may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against KCDF must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Website and/or any of the Content, or these Terms of Use, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by KCDF with respect to a breach by you or others does not waive KCDF’s right to act with respect to subsequent or similar breaches.

Term and Termination.

This Terms of Use and your right to use KCDF Website will take effect at the moment you access the Website, and is effective, binding and enforceable for as long as use the Website.  In addition, KCDF reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Website for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this Terms of Use, or in order to protect its name and goodwill, its business, and/or other users.  All provisions of this Terms of Use that by their nature our intended to survive termination will so survive and remain binding and effective – such provisions include, but are not limited to the miscellaneous section below, the provisions concerning KCDF’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

Miscellaneous

This Terms of Use constitutes the entire agreement between you and KCDF and governs your use of the Website, superseding any prior agreements between you and KCDF. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of KCDF. Any purported assignment or delegation by you without the appropriate prior written consent of KCDF will be null and void. We may assign these Terms of Use or any rights hereunder without your consent. Failure by KCDF to insist on strict performance of any of the terms and conditions of this Terms of Use will not operate as a waiver by KCDF of that or any subsequent default or failure of performance.  The Website is not intended for distribution to 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. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Website provides.  If any provision (or part thereof) contained in this Terms of Use is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.  No joint venture, partnership, employment, or agency relationship exists between you and KCDF as a result of this Terms of Use or your utilization of the Website.  Headings herein are for convenience only.