- You are agreeing to use the System and entering into a legally binding contract with Hatua, a charitable trust, registered with the Charity Commission of England & Wales under registration number 1144452.
- Facilitate the storage of data on the Hatua website;
- Show whether a message has been read or is pending;
- Audit activity on the Hatua website; and
- Aid your user experience by remembering you the next time you visit.
- You may disable cookies at any time through your web browser. Further information on disabling cookies can be found at: https://ico.org.uk/your-data-matters/online/cookies/
- You agree that:
- any personal information, including sensitive personal data, that you include in your communications with a student of Hatua, may be seen by a member of the Hatua team, monitoring communications.
- whilst Hatua requires confidentiality of its volunteers and contractors, Hatua will not be able to compel students to maintain confidentiality and prevent them from disseminating information about you that you disclose to them;
- You are aware that the sharing of information through the Hatua sponsors communication network is monitored for appropriate and suitable content and that any misuse of the system may result in your message not reaching the intended recipient and/or being referred to an appropriate authority for investigation.
- This System access does not include communication made with or to our beneficiaries outside the System or using the System but not with the user name and password we have issued to you. Any communication made with or to our beneficiaries outside the System or not with the user name and password is prohibited without advance written permission from Hatua and signed by a Trustee with a ‘wet’ signature. Such communication made outside the System or without permission may be unlawful.
- UK, Kenya and Uganda nation states have strict child protection laws. Hatua reserves the right, exercised at the discretion of Hatua or any person acting for Hatua with concerns, to notify legal authorities of any communication made to a child (person under 18 years of age). If Hatua or a person acting for Hatua makes such a notification, all personal information known about you, including all communications you have made using the System will be provided to the relevant legal authority.
- This is a legally binding contract to use the System (Contract). If you do not agree to these terms, do not use the user name and password we issue to you. You are at liberty to stop any donation to Hatua, made through a continuing payment instruction you have set up with Hatua’s designated payment provider. If you cease donations you must stop using the user name and password we have issued to you for the System.
- You agree to continue to make an agreed minimum donation to Hatua, for an amount previously communicated to you.
- You agree that you are legally responsible for the user name and password issued to you to access the System and that you are 18 years of age or older.
- You will keep the user name and password secret and remain responsible for all communication made using the System. If you become aware that access to the System, using your user name or password, has been compromised, you must notify Hatua immediately.
- You agree to make a continuing donation to Hatua through our payment system provider. Hatua does not hold your financial data. Your financial data is held by our payment system provider notified to you. Please refer to the payment system provider’s terms of service and how they use your personal data.
- You accept Hatua and its representatives may contact you using the System and/or using the contact information you have given to us outside the System, from time to time. You agree to keep your contact information up to date.
- When you communicate using the System, others can see, copy and use that information. Beneficiaries of Hatua will receive your communications and may make a copy of your communication. Hatua will supervise and have access to all communications on the System. This is for the protection of beneficiaries of Hatua, for your protection and for the protection of Hatua. If a representative of Hatua determines the communication between you and a beneficiary of Hatua is inappropriate (at the discretion of the representative of Hatua) or may not be you or the beneficiary of Hatua communicating, the System may be suspended temporarily or for such time as an investigation into the lawfulness of communications is made or for such communications to be removed from the System. Hatua is not obliged to maintain the System at this time and can remove communication or content in communication, with or without notice.
- Rights and Limits
- You agree to only provide communication and content that does not violate the law nor anyone’s rights.
- We may change, suspend or end your access to the System, or change and modify donation requests prospectively at Hatua’s discretion. We will provide you with notice of any such changes where possible. You will be required to update your donation mandate with the payment system provider. You will be entitled to end any continuing donation you make to Hatua following such change, suspension or end to the System.
- We may change or discontinue aspects of the System. We do not promise to store or keep your communications. You agree that we have no obligation to store, maintain or provide you a copy of any communication except to the extent required by law.
- We have the right to limit how you access the System. We will issue you with a user name and password. Hatua reserves the right to restrict, suspend, or terminate your access to the System if Hatua believes that you may be in breach of this Contract or law or are misusing the System.
- Disclaimer and Limit of Liability
- No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of the System.
TO THE EXTENT ALLOWED UNDER LAW, HATUA (AND THOSE THAT HATUA WORKS WITH TO PROVIDE THE SERVICE) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SYSTEM WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SYSTEM (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
- Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS HATUA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT) HATUA AND ITS AFFILIATES (AND THOSE THAT HATUA WORKS WITH TO PROVIDE THE SYSTEM) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA OR REPUTATION RELATED TO THE SYSTEM (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR COMMUNICATION).
IN NO EVENT SHALL THE LIABILITY OF HATUA AND ITS AFFILIATES (AND THOSE THAT HATUA WORKS WITH TO PROVIDE THE SYSTEM) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT DONATION MADE TO HATUA, IF ANY, OR (B) UK £500.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HATUA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF HATUA OR ITS AFFILATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
- No Warranty
We can each end this Contract anytime we want.
Both you and Hatua may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the System. Sections 2, 4, 5, 6, 7, 8, 9, 10 and 11 of this Contract shall survive termination.
- Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it in the courts of England and Wales using English law.
- General Terms
- Here are some important details about the Contract:
- If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do this, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
- English language is the language for this Contract. This Contract (including additional terms that may be provided by us at a later date) is the only agreement between us to access the System and supersedes all prior agreement to access the System.
- If we do not act to enforce a breach of this Contract, that does not mean that Hatua has waived its right to enforce this Contract. You may not assign or transfer this Contract to anyone without our consent. However, you agree that Hatua may assign this Contract to its affiliates or another charitable organisation without your consent.
- You agree that the only way to provide us legal notice is at the registered address of Hatua notified to the Charity Commission of England & Wales from time to time.
- Here are some important details about the Contract:
- Hatua “Dos and Don’ts”
You agree that you will:
- Comply with all applicable laws, including without limitation, privacy laws and child protection laws;
- Provide accurate information to us and keep it updated;
- Use your real name and contact information when setting up your donation to Hatua and communicating with us; and
- Use the System in a responsible manner.
You agree that you will not:
- Create a false identity on the System, misrepresent your identity, or use or attempt to use another’s communication details in the System;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the System or otherwise copy communications and other data from the System;
- Override any security feature or bypass or circumvent any access controls;
- Copy, use, disclose or distribute any information obtained from the System;
- Disclose information that you do not have the consent to disclose (such as confidential information of beneficiaries of Hatua or others);
- Violate the intellectual property or other rights of Hatua, including without limitation (i) copying or distributing our technology; (ii) using the word “Hatua” or our logos in any business name, charity name, email or URL except as agreed by Hatua in writing;
- Communicate anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the System or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by Hatua without our express consent;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the System or related data or access to the same;
- Deep-link to the System for any purpose other than agreed in this Contract;
- Use bots or other automated methods to access the System, send or redirect messages;
- Engage in “framing”, “mirroring” or otherwise simulating the appearance or function of the System;
- Overlay or otherwise modify the System or their appearance (such as inserting elements into the System or removing, covering, or obscuring communication in the System);
- Interfere with the operation of, or place an unreasonable load on, the System (e.g. spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate any other terms of the System in this Contract or as may be notified to you from time to time.
- How to Contact Us
Our Contact information. If you want to send us notices or service of process, please contact us:
Hatua is registered with the Charity Commission of England & Wales under registration number 1144452. Full contact details are kept current and up-to-date with the Charity Commission available at: https://www.gov.uk/government/organisations/charity-commission