Introduction
By using this site and the services, in addition to any additional policies applicable to any particular features, content and functionality of the services (incorporated into the terms by reference) offered by Kwanda, users agree to be bound by these terms and confirm that they are over 18 years of age.
Kwanda may amend the terms at any time at our sole discretion by posting a revised version of the terms. Unless we make clear otherwise, access to or continued use of the services after the effective date of the revised terms constitutes your acceptance of the revised terms. If we make any material change to these terms, we will notify users by sending an email, posting a notice through the services, or any other place(s) appropriate.
This website https://kwanda.co (the site) is run and maintained by Kwanda Ltd ("we"). Our email address is support@kwanda.co
What is Kwanda
Kwanda is a UK-based collective fundraising platform. We raise and re-invest funds transparently to causes, communities, businesses, and individuals we deem fitting our goals - to unleash the creative potential of the African population.
Registration and account
To contribute and join the Kwanda community, you must register as a member by signing up and creating an account on our sign-up page.
During registration, you must provide us with current, true, accurate and complete information, including but not limited to your full name and your email. In addition, you must keep any such information up-to-date to maintain its accuracy.
Membership is strictly personal. A user is solely responsible for the security of his account access and is solely liable and responsible for any use or activity that occurs under their membership account, whether authorised or unauthorised. As a user, you must not disclose your login details to anyone else, and you are responsible for keeping them safe and confidential. Our Website will not be liable for any losses incurred through the use of your account by a third party, except when unauthorised use is directly attributable to the gross negligence or fraud of our Website, but instead, you will be held responsible for all activities that occur under your account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, you must inform us immediately by emailing us. Notwithstanding any other provision in these Terms of Use, Kwanda can, at its discretion, suspend or terminate the Membership Agreement if the Member's account information was accessed due to the Member's intent or gross negligence.
Once you have confirmed the amount you wish to contribute, you will be prompted to pay via Stripe's third-party payment processor. Stripe Payments Europe Ltd respectively provide these payment processing services, and the terms and conditions of those services will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed under their privacy policies, not ours. Please see our Privacy Policy for further details regarding your data and our third-party service providers.
Making a contribution
All contributions are made voluntarily and at the sole discretion and risk of the contributor.
Refunds and cancellation of contributions
A member may cancel their monthly contribution at any time without liability. However, refunds for prior payments will not be granted, and you accept that any contributions made before cancelling your membership are non-refundable.
User rights of access
You have permission for temporary, non-exclusive use of the site. We reserve the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility toward you.
You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any part of the site.
You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit or otherwise make the site and/or any documents or online resources on the site to any third party.
You are responsible for configuring your own computer and software to access the material and content on our site, including downloadable files. We do not warrant that the way we deliver data to you is compatible with your software or how your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for viruses, bugs or similar issues. Therefore, we advise that you use your own virus protection software to protect yourself.
You must treat all identification codes, passwords and other security information you obtain from the use of the site and (where applicable) to access parts of the site as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.
If you allow anyone else to use our site, you must make sure that they read these Terms and Conditions first and agree to and follow them.
If you do not use the site according to the law and these Terms and Conditions, we may suspend your usage or stop it completely. We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability for any losses or damage you may suffer from your reliance on any of our materials.
We do not save your credit card details or share customer details with any third parties unless when required to perform the services, and we follow our Privacy Notice in handling information about you. By using the site, you agree to us handling this information and confirm that the data you provide is accurate.
Our site uses cookies. More information is provided in our Cookie Policy.
Links
Any links to third-party websites are provided solely for your convenience. We have no control over the content of such websites and accordingly make no representation concerning the content of those sites to you nor make any endorsement of any of them. We have not tested any content, software features, or links found on any sites linked to and do not represent the quality, safety, suitability or reliability of any of them or any of the material contained in them. Please note that the right to reproduce any contents of these websites may be restricted by the terms and conditions of the website.
Intellectual property rights
We are the owner or licensee of all intellectual property rights on the site, including any databases that hold relevant information about the site. They are protected by copyright or trademark registration, and you may only use any such material and documents in line with these terms and this paragraph specifically. If you do not use the materials in line with these terms and this paragraph specifically, you lose your right to use our site and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.
You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights outlined in these Terms and Conditions to Kwanda concerning your User Content; (2) your User Content does not and will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms and Conditions or applicable law; and (3) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.
Our monitoring rights and termination
We have the right to monitor, terminate, suspend, or delete any User Account and/or Campaign at any time for any reason or no reason. Our policy is not to comment on any reasons for termination, and we have no obligation to provide you with a reason for termination. We will not be liable to you or third parties for any use of the services associated with your account. Upon termination, you must cease all use of the services. All representations and warranties shall survive termination.
Confidentiality
Personal information or business information that you supply to us through the site, other than information in the public domain, will be treated confidentially and in line with our Privacy Notice. Confidential information will not be disclosed to any third party, including marketing, without your prior permission. We will only disclose your information if necessary for our services' performance or where so required by law.
Variation
We may change these Terms and Conditions from time to time. Therefore, please ensure that you check for any changes regularly, as they bind you if you use this site.
Computer offences
If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as introducing viruses, worms, Trojans and other technologically harmful or damaging material), your right to use the site will end immediately, and we will report you to the relevant authorities and provide them with details of your identity.
You must not try to access our server or any connected database or make any 'attack' on the site.
System outages and maintenance
Although we try to make the site available at all times, we do not warrant that your site use will be uninterrupted. The services may be unavailable for scheduled maintenance and other purposes or because of unplanned outages or other malfunctions. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors, or data transfer. You acknowledge that the site may be subject to limitations, delays, and other issues.
Indemnity
You agree to defend, indemnify and hold harmless Kwanda, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, and third-party providers from and against any claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable legal fees and costs) and all amounts paid in a settlement arising from or relating to, breach of these Terms (including, but not limited to, failure to fulfil a Reward or refund a contribution) or violation of any laws. At our own expense, we reserve the right to assume the exclusive defence and control of any matter for which you have agreed to indemnify us. You agree to assist and cooperate with us as reasonably required in the defence or settlement of such matters.
Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Complaints
If you have questions or a complaint about our service, please email us at support@kwanda.co to make your complaint.