BY VISITING HATUA NETWORK WEBSITE, YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms "we", "us", "our", "Hatua" and "Hatua Network" refer to Hatua Network. The term the "Site" refers to hatualikoni.org and all pages connected with Hatua Network. The term "user," "you" and "your" refers to site visitors, customers and any other users of the site.
Hatua Network provides a website where users can learn more about our nonprofit and a service where users may donate money to support students in need, post and apply for jobs in Kenya, and apply for scholarships as students within the Hatua Network (the "Service").
Use of hatualikoni.org, including all materials presented herein and all online services provided by Hatua Network, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
To access or use the Site, you must have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Service is subject to change. Hatua Network makes no representation or warranty that the information provided, regardless of its source (the "Content"), is accurate, complete, reliable, current or error-free. Hatua Network disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use certain Services, users are required to provide certain information, including name, email address, username and password and other personal information. Users agree that any registration information provided to Hatua Network will always be accurate, correct and up to date. Users must not impersonate someone else or provide account information or an email address other than your own.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in any jurisdiction.
You agree to be financially responsible for all purchases or donations made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Hatua Network reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Hatua Network may at any time change or discontinue any aspect or feature of the Site or Service.
All content provided on the Site and in the Service are the intellectual property of Hatua Network. The content of the Site and Service are protected by trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
You agree that under no circumstances shall Hatua Network be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service.
Additionally, Hatua Network is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Hatua Network has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Hatua Network. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold Hatua Network harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Hatua Network shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Hatua Network.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Hatua Network
11 Polhemus Place
Brooklyn, NY 11215
USA
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Last updated May, 2020.
This Cookie Policy explains how Hatua Network ("Company", "we", "us", and "our") uses cookies and similar technologies to recognize you when you visit our website at https://hatualikoni.org ("Website"). It explains what these technologies are and why we use them, as well as your rights to control our use of them. In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. Cookies set by the website owner (in this case, Hatua Network) are called "first party cookies". Cookies set by parties other than the website owner are called "third party
cookies". Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
We use first and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Websites for advertising, analytics and other purposes. We use cookies for online payment processing, website usernames and passwords, to determine when authenticated users are logged into the site, and user identification.
You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by accepting or rejecting our website's usage of cookies.
Note: essential cookies cannot be rejected as they are strictly necessary to provide you with services. You can provide cookie consent in the notification banner and on our website. Your usage of this website confirms your consent to the cookies we use.
The essential one is the session cookie, usually called MoodleSession. You must allow this cookie in your browser to provide continuity and to remain logged in when browsing the site. When you log out or close the browser, this cookie is destroyed (in your browser and on the server).
The other cookie is purely for convenience, usually called MOODLEID or similar. It just remembers your username in the browser. This means that when you return to this site, the username field on the login page is already filled in for you. It is safe to refuse this cookie - you will just have to retype your username each time you log in.