THE KAIYA FOUNDATION
TERMS AND CONDITIONS
Welcome to our website, operated by The Kaiya Foundation for Children with Very High Risk Leukaemia (“The Kaiya Foundation”, “we”, “us” or “our”) and located at https://www.thekaiyafoundation.org/ (the “Website”). The following terms and conditions (“Terms”) govern your use of this Website. By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understand these Terms, and that you agree to comply with them. If you do not agree to these Terms, or if you are under 18 years of age, you must not access or use the Website.
1. Informational Purposes Only
The content and information on this Website are for general information purposes only. It is not intended to amount to advice on which you should rely, and we are not responsible for any errors or omissions on the Website. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Website.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
2. Registration
In order to access certain content or features on the Website, you will be required to request access to our community network platform. As part of the application process, you must click to agree to these Terms, and will be required to submit your name, email address and reasons for joining. For more information on our use of your personal information, please see section 10 below [include hyperlink]. Upon successful application, you will be requested to provide a username and password. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password.
3. Proprietary Rights
As between you and The Kaiya Foundation, we and our affiliates, licensors, and/or suppliers own or licenses (as applicable) all intellectual property rights and the material published on, in or made available through the Website (“Website Materials”), as well as the selection, coordination, arrangement, and organisation and enhancement of the Website Materials. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to our Website (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Website and Website Materials and create other products and services.
All Website Materials are protected pursuant to intellectual property and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Materials. Use or misuse of these trademarks is expressly prohibited.
4. Unauthorised Activities
You agree that you will not use the Website for (a) any illegal or unauthorised purposes that violate any local, national, or international laws (including but not limited to import, export, and intellectual property laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Website Materials, unless otherwise authorised by these Terms or in a separate written agreement with The Kaiya Foundation; (c) attempting to gain unauthorised access to The Kaiya Foundation’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Website aimed at preventing or restricting the unauthorised use of the Website or any of the Website Materials. Any other use of the Website or Website Materials other than as permitted by these Terms, including but not limited to the aforementioned unauthorised uses, without our prior written permission is strictly prohibited. You acknowledge and agree that the unauthorised use of the Website or the Website Materials could cause irreparable harm to The Kaiya Foundation and that in the event of such unauthorised use, The Kaiya Foundation shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5. User Content
Certain features or areas of the Website may permit you to upload content to the Website, including messages, video, images, and text (“User Content”) and to publish User Content on the Website. You retain the copyright and any other proprietary rights that you may hold in the User Content that you upload or publish to the Website.
By posting or publishing User Content to a public portion of the Website (for example, to a forum), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
By posting or sharing User Content with other users of the Website, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Website.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: (i) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize The Kaiya Foundation and users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by us, the Website, and these Terms; and (ii) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; slander, defame, libel, or invade the right of privacy or publicity of any other person; or cause The Kaiya Foundation to violate any law or regulation.
6. User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. The Kaiya Foundation may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Website you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, The Kaiya Foundation does not permit copyright-infringing activities on the Website. If you believe that any content or postings on the Website violates or infringes your intellectual property or other rights, please notify us by email at contact@thekaiyafoundation.org.
7. Monitoring Content
The Kaiya Foundation does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Website by its users. You acknowledge and agree that The Kaiya Foundation reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Website for operational and other purposes. If at any time we choose to monitor the content, we still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy [insert URL].
8. Digital Millennium Copyright Right
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
The Kaiya Foundation for Children with Very High Risk Leukaemia
ATTN: Legal Department (Copyright Notification)
The Kaiya Foundation for Children with Very High Risk Leukaemia, Amber Grove Bridle Lane, Loudwater, Rickmansworth, Hertfordshire, WD3 4JH, United Kingdom.
Email: contact@thekaiyafoundation.org.
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b)a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
c) a description of the material that you claim is infringing and where it is located on the Service;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Kaiya Foundation will promptly terminate without notice the accounts of users that are determined by us to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Website at least twice.
9. Third-Party Websites
Our Website may contain links to other websites. Use of such third-party links, the Website and the Website Materials and any other material or content on and made available through the Website is entirely at your own risk. Your use of any third-party’s website is at your own risk, and subject to the terms and conditions of such websites. The Kaiya Foundation does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. The Kaiya Foundation does not endorse any product, service, or treatment provided on a third-party website or advertised or provided on the Website.
10. Privacy
Any Personal Information that you provide to The Kaiya Foundation on the Website is subject to our privacy notice. Please click here to view our privacy notice [insert URL], which forms a part of these Terms. Please be advised that the confidentiality of any communication or material transmitted to us via the Website or generally through the internet cannot be guaranteed, and you should ensure that your devices, computer programmes and platforms (including any anti-virus software) is up to date and sufficiently configured to access and use our Website.
11. Disclaimer
Our Website is made available free of charge, and the Website, the Website Materials, User Content, services, products, information and other materials on, in and made available through the site are made available as is. Use of the Website, the Website Materials and User Content is at your own risk and we do not guarantee the accuracy or completeness of any Website Materials, User Content, products, data, services, links, advertisements or other items contained within the Website. We make no representations or warranties, and disclaim any implied representations and warranties, with respect to the Website, the User Content, the Website Materials, services, products, data and other materials on, in and made available through the Website.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal where possible. We may also remove any Website Materials or User Content at our discretion.
12. Limitation of Liability
The Kaiya Foundation shall not be liable for any direct, indirect, or incidental damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Website, the User Content, the Website Materials, services, products, data and other materials on, in and made available through the Website, whether or not you or The Kaiya Foundation had been advised of the possibility or probability of such damages.
13. Indemnification
You shall indemnify The Kaiya Foundation and its directors, officers, employees, agents, contractors and licensors (“The Kaiya Foundation Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website, the Website Materials or any services, product or data obtained through the Website, your fraud, violation of law, negligence, wilful misconduct, or any other use of the Website, the User Content, the Website Materials, the services, products, information and other materials on, in and made available through the Website, except to the extent attributable to The Kaiya Foundation, or any breach by you of these Terms and shall indemnify and hold The Kaiya Foundation Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of The Kaiya Foundation. The Kaiya Foundation or its licensors may assume the defence of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defence. You shall have the right to employ separate counsel in any Claim and to participate in the defence thereof. If The Kaiya Foundation or its licensors do not notify you that it elects to undertake the defence thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to The Kaiya Foundation, subject to the right of The Kaiya Foundation to assume, at their sole cost and expense, the defence of any Claim at any time prior to the settlement or final determination thereof.
14. Severability
If any provision of these Terms is found to be invalid, such provisions shall be deleted without affecting the remaining provisions herein.
15. Assignment
We may transfer our rights and obligations under these Terms to another organisation. We will make best efforts to notify you if this happens.
16. Changes to these Terms; Termination
We amend these Terms from time to time. Every time you wish to use our site, please check these Terms, as well as the date of last revision, to ensure you understand the terms that apply at that time.
You may terminate your account at any time by contacting us by email at contact@thekaiyafoundation.org. We may suspend or terminate your account and/or your ability to use the Website, or any services on the Website, in our discretion including for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, or if you do not comply with applicable law.
17. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
18.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.