Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Country refers to: Kenya
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Matisero Foundation, P.O. Box 27774-00100, Nairobi, Kenya. Absa Towers, Loita St, 15th Floor. Nairobi.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and Matisero Foundation regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to Matisero Foundation, accessible from https://matiserofoundation.org/
You means the individual accessing or using the Service, or Matisero Foundation, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Matisero Foundation. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By using the Matisero Foundation website or participating in any of our programs, you agree to these terms and conditions, which may be updated from time to time. It is your responsibility to review these terms periodically to ensure you are aware of any updates.
You represent that you are over the age of 18. Matisero Foundation does not permit those under 18 to use the Service.
The information provided on the Matisero Foundation website is for informational purposes only. We make every effort to ensure the accuracy of the information, but we cannot guarantee its accuracy, completeness, or timeliness. The information should not be relied upon as legal, financial, or other advice.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Matisero Foundation. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Intellectual Property
All content on the Matisero Foundation website, including text, images, graphics, logos, and videos, is owned by Matisero Foundation and is protected by copyright laws. You may not use any content without the express written permission of Matisero Foundation.
User Conduct
You agree to use the Matisero Foundation website and participate in our programs only for lawful purposes and in a manner that does not infringe on the rights of others or inhibit their use and enjoyment of the website or programs. You may not use the website or programs to engage in any illegal activity or to promote any illegal activity.
Donations
By making a donation to Matisero Foundation, you agree to the following terms:
All donations are final and non-refundable.
Donations will be used in accordance with the mission and programs of Matisero Foundation.
Matisero Foundation reserves the right to use donations for any purpose, as long as it is consistent with our mission and programs.
Matisero Foundation will provide a receipt for tax purposes for all donations.
Refund Policy
Matisero Foundation does not offer refunds for donations. If you have made a donation in error or have any questions about your donation, please contact us:
By email: info@matiserofoundation.org | matiserofoundation@gmail.com
By phone number: (+254) 111 888 681
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Matisero Foundation.
Matisero Foundation has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Matisero Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Matisero Foundation will not be liable for any damages of any kind arising from the use of the website or participation in our programs, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Indemnification
You agree to indemnify and hold Matisero Foundation and its representatives harmless from any claims, damages, or expenses arising from your use of the website or participation in our programs or your violation of these terms and conditions.
Disclaimer
Matisero Foundation makes no representations or warranties of any kind, express or implied, regarding the operation of the website or the information, content, materials, or products included on the website or provided through our programs.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Matisero Foundation, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Matisero Foundation provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Matisero Foundation nor any of Matisero Foundation ‘s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Matisero Foundation are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of Kenya, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting Matisero Foundation.
If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement by way of arbitration as provided for below.
In the event that the parties fail to resolve any dispute, controversy or claim arising between the parties hereto out of or in connection with the Terms and Conditions, including any question regarding its interpretation, existence, validity, termination and or liability, then such dispute shall be referred to a single arbitrator to be appointed by mutual Agreement between the parties within Fourteen (14) days from the time when the appointment of an arbitrator is proposed by either party to the other or in default of Agreement within the said fourteen (14) days by a single arbitrator (an Advocate of the High Court of Kenya of not less than seven (7) years standing in practice) appointed by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch) at the request of any party. The arbitration shall be conducted in Nairobi in accordance with the Arbitration Act, Laws of Kenya. The language of the arbitration shall be English.
Severability and Waiver
Severability
f any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: info@matiserofoundation.org | matiserofoundation@gmail.com
By phone number: (+254) 111 888 681
By Mail: P.O. Box. 27774-00100, Nairobi
