TERMS & CONDITIONS

Website Terms and Conditions These Terms and Conditions (“Terms”) govern your use of the Kivukoni Education Trust’s (“KET”) website. www.kivukonitrust.com (the “Website”) We may change these Terms at any time. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” link posted on the Website.

All content published and made available on our Website is the property of KET and/or third parties. This includes images, text, logo, documents and anything that contributes to the composition of our Website (”Content”). You may not use the Content in any manner that implies, suggests, or could otherwise be perceived as attributing a political objective, motive or opinion of KET. You may also not copy, reproduce, create derivatives of, modify, distribute, broadcast, transmit, publish, license, transfer, sell, or otherwise exploit the Content except pursuant to a separate written agreement with KET.

Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of KET.

By accessing our Website and making any donations to KET, you consent to KET

processing of your personal information consistent with our Privacy Policy.

DISCLAIMER OF WARRANTIES - LIMITATION OF LIABILITY.

YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THE ADEQUACY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE INFORMATION OR ANY THIRD-PARTY SITES LINKED TO, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR ANY THIRD-PARTY SITES LINKED THERETO.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR TRUSTEES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE WEBSITE, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE WEBSITE OR THE DATA COLLECTED THROUGH THE WEBSITE, EVEN IF YOU HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD KET AND OUR TRUSTEES, HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES INCLUDING REASONABLE LEGAL FEES AND EXPENSES, CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE WEBSITE AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

These Terms and any non-contractual obligations arising out of or in connection with it will be governed by English law. By using this website you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the determination of any dispute arising out of or in connection with these Terms (including (without limitation) in relation to any non- contractual obligations) save that KET may seek specific performance, interim or final injunctive relief or any other relief of similar nature or effect in any court of competent jurisdiction. For such purposes you irrevocably waive any objection to the jurisdiction of those courts, and you irrevocably agree that a judgment or order of those courts in connection with these Terms is conclusive and binding upon you.

These Terms constitute the entire agreement between you and KET in respect of use of this Website. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KET as a result of these Terms or your access to and use of the Website.

KET’s failure to enforce any provisions of these Terms or respond to a violation by any party does not waive KET’s right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by KET with respect to such use.

Kivukoni Educational Trust

CLOUDS ROCK 

WADEBRIDGE 

PL27 6LD 

Registered with the Charity Commission for England and Wales. Reg no: 1194066

Cookie & Privacy Policy 

1. Data Controller 

Kivukoni Educational Trust 

Reg no: 1194066 

( “KET”, “we” or “us”) 

1.1 We have created this Cookie and Privacy Policy to explain the types of personal data that we  collect from you as you navigate through our website (the “Website”) and submit information  to us, and how such information will be used and disclosed. 

2. What This Policy Covers 

2.1 We take the privacy and protection of personal information very seriously. By visiting the  Website and by making a donation or submitting an Enquiry Form, you acknowledge to have  read and understood the practices and policies outlined in this privacy and cookie policy (the  “Policy”). Unless otherwise defined herein, capitalized terms shall have the meanings  assigned to such terms in the Policy or in the Terms of Use which you can find on our terms  of use page, and which incorporate this Policy by reference. 

“Personal Information” is information that is personally identifiable like names, addresses, e mail addresses or phone numbers, as well as other associated non-public information. 

2.2 “Anonymous Information” means information that is not associated with or linked to your  Personal Information; Anonymous Information does not permit the identification of individual  persons. We collect and use Personal Information and Anonymous Information as described  in this Policy from Users. 

2.3 Your personal information may be processed in the country where it was collected as well as  other countries (including Kenya) where laws regarding processing of personal information  may be less stringent than the laws of your country. 

2.4 We may share certain of your Personal Information with Kivukoni School Ltd in Kenya. 

3. Personal Information We Collect 

3.1 We collect the following Personal Information that you submit to us voluntarily: 

• If you submit an Enquiry Form, we collect your name and email 

• If you complete the Gift Air declaration we collect your name, address and email as  required by HMRC to process the tax rebate. 

3.2 We do not process any special categories of Personal Information (sensitive data).

3.3 Any bank or payment details communicated on the Website remain within the strict and secure  environment of the STRIPE payment portal and are invisible to us. 

4. Personal Information Collected Via Technology (Cookies) 

4.1 As you navigate through our Website certain information may also be collected passively,  including your Internet protocol address (IP) and the browser that you use to visit the Webite. 

4.2 We also store a small text file called a “Cookie” on your computer to store your login  information (if any). We may use both session Cookies (which expire once you close your  web browser) and persistent Cookies (which stay on your computer until you delete them). 

How Do We Use Cookies? 

4.3 On our Website, we use cookies to: 

• Remember if you have agreed (or not) to the use of cookies on the Website • Help the performance of the Website 

• Anonymously provide us with analytics with respect to the overall usage and traffic  on the Website 

• Track your first visit to the Website and the number of times you have visited the  Website 

• Track how you reached the Website 

• Track the number of pages on the Website that you visited 

• Personalize the content you see on the Website 

4.4 Also, some videos embedded in pages on the Website use a cookie to anonymously gather  statistics on how you got there and what videos you visited. 

4.5 Enabling these cookies is not strictly necessary in order for the Website to work but it will  provide you with a better browsing experience. You can delete or block these cookies as  allowed by your browser, but if you do, some features of this site may not work as intended. 

How to Control Cookies 

4.6 You can control and/or delete cookies as allowed by your browser - for details, see  http://www.aboutcookies.org/. You can delete cookies that are already on your computer and  you can set most browsers to prevent them from being placed. If you do this, you may have 

to manually adjust some preferences every time you visit a website and some services and  functionalities may not work. 

4.7 Since the foregoing information may be collected when you are signed into the Services, this  information may be associated by us with Personal Information that we have collected from  you. 

Aggregate Information 

4.8 When visiting our Website, we track the referring URL (the webpage you left before coming  to our Website) and the pages, links and graphics of the Website that you visit. This allows us  to compile aggregate statistics about the Website’s usage and allows us to gauge the  popularity and effectiveness of specific webpages and any promotional programs we may be  running. This information is gathered globally and is not personally identifiable. 

4.9 Some of your browsing sessions may be translated into information that helps website  designers make websites easier to use and simpler to navigate. If you would like to disable  this tracking, please click here: http://www.clicktale.net/disable.html. 

5. Personal Information Collected Via Technology (Cookies) 

5.1 As you navigate through our Website certain information may also be collected passively,  including your Internet protocol address (IP) and the browser that you use to visit the Webite. 

5.2 We also store a small text file called a “Cookie” on your computer to store your login  information (if any). We may use both session Cookies (which expire once you close your  web browser) and persistent Cookies (which stay on your computer until you delete them). 

How Do We Use Cookies? 

5.3 On our Website, we use cookies to: 

• Remember if you have agreed (or not) to the use of cookies on the Website • Help the performance of the Website 

• Anonymously provide us with analytics with respect to the overall usage and traffic  on the Website 

• Track your first visit to the Website and the number of times you have visited the  Website 

• Track how you reached the Website 

• Track the number of pages on the Website that you visited 

• Personalize the content you see on the Website

5.4 Also, some videos embedded in pages on the Website use a cookie to anonymously gather  statistics on how you got there and what videos you visited. 

5.5 Enabling these cookies is not strictly necessary in order for the Website to work but it will  provide you with a better browsing experience. You can delete or block these cookies as  allowed by your browser, but if you do, some features of this site may not work as intended. 

How to Control Cookies 

5.6 You can control and/or delete cookies as allowed by your browser - for details, see  http://www.aboutcookies.org/. You can delete cookies that are already on your computer and  you can set most browsers to prevent them from being placed. If you do this, you may have  to manually adjust some preferences every time you visit a website and some services and  functionalities may not work. 

5.7 Since the foregoing information may be collected when you are signed into the Services, this  information may be associated by us with Personal Information that we have collected from  you. 

Aggregate Information 

5.8 When visiting our Website, we track the referring URL (the webpage you left before coming  to our Website) and the pages, links and graphics of the Website that you visit. This allows us  to compile aggregate statistics about the Website’s usage and allows us to gauge the  popularity and effectiveness of specific webpages and any promotional programs we may be  running. This information is gathered globally and is not personally identifiable. 

Kivukoni Educational Trust

CLOUDS ROCK 

WADEBRIDGE 

PL27 6LD 

Registered with the Charity Commission for England and Wales. Reg no: 1194066