Terms Of Use

Important – this is a legal agreement between you and Kenya Hospices and Palliative Care Association (KEHPCA), inc. (“KEHPCA” or “we” or “us” or “our”), so please read these terms and conditions carefully. This website, located at www.kehpca.bitwise.co.ke (the “website”), is owned and operated by KEHPCA. This website provides users with access to a variety of information, including enewsletters, resources, materials, works of authorship, and other content (the “content”), and a variety of opportunities to support our organization, including through making a donation, advocacy and volunteering (the “opportunities”).


Please note: Your access to and use of this website are subject to these terms of use (the “terms of use” or “TOU”), as well as all applicable laws and regulations, and our privacy policy located at [insert], which is incorporated herein by reference, along with any other terms and conditions set forth by KEHPCA. You should read carefully the following terms and conditions contained in these terms of use as they govern your access to and use of the website, and any programs, services, tools, materials, content or information available through the website or used in connection with the website. KEHPCA is willing to license and allow the use of this website only on the condition that you accept and agree to all of the terms and conditions contained in these terms of use. If you do not agree with these terms of use, you are not granted permission to access or otherwise use the website. Your access to and use of this website constitutes your acceptance of and agreement to abide by these terms of use. These terms of use may be changed, modified or updated by KEHPCA from time to time without advance notice by posting here and you will be bound by any such changed, modified or updated terms of use if you continue to use this website after such changes are posted. The date these terms of use were last updated is stated at the end of this document. You are encouraged to review the website and these terms of use periodically for updates and changes.

Please also note that these terms and conditions only apply to your use and access of our website, and do not alter in any way the terms or conditions of any other agreement you may have with KEHPCA.



The Blogs, Content, materials, resources and other information contained on this Website has been prepared by KEHPCA as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. KEHPCA has used reasonable efforts in collecting, preparing and providing such Blogs, Content, materials, resources and other information, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Blogs, Content, materials, resources and other information contained in or linked to this website or any other website maintained by KEHPCA.

Your use of this website is at your sole risk. All blogs, blog content, content, resources, materials, opportunities, services and other information are provided on an & quot; as is & quot; or & quot; as available & quot; basis, and KEHPCA expressly disclaims all warranties and conditions with respect to the website and all elements thereof, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, no infringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy. KEHPCA makes no warranty that the website, blogs, content, products, services, materials or any other information is accurate, timely, uninterrupted, virus-free or error-free, or that any such problems will be corrected.


In addition to the above warranty disclaimers, you understand and agree that in no event will KEHPCA be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, loss of use, loss of income, loss of goodwill or reputation, damage to or corruption of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the website (or inability to use the website), the opportunities, content, the blogs or blog content, or any other materials, services or information contained in or accessed through the website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from KEHPCA, even if KEHPCA has been advised of the possibilities of those damages. You understand and agree that your use of the website is predicated upon your waiver of any right to sue KEHPCA and its affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the website.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.



You agree to defend, indemnify, and hold harmless KEHPCA, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this website, any of the opportunities, your fraud, violation of law, or wilful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in KEHPCA’s sole discretion. 


If any provision(s) of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the  terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.



These Terms of Use and your access to and use of this Website are governed and construed in accordance with the laws of Kenya, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms of Use or website shall be filed only in the state and federal courts located in the Kenya, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.



You and KEHPCA agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor KEHPCA will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or KEHPCA acts or proposes to act in a representative capacity. You and KEHPCA further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, small token, and all parties to any such proceeding.



KEHPCA shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of out contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labour disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.



Any notices to you from KEHPCA regarding the website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.



Our Website Privacy Policy, located at www. kehpca.bitwise.co.ke/ privacy-policy describes the details of KEHPCA’s information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy. You may opt out of some or all communication from KEHPCA by clicking here and completing an online request to modify your choices or be removed. 

Date These Terms of Use were Last Updated: 10/6/2020


Ref: https://www. kehpca.org/




You can visit our Website and use/access some of its features and functionality without being required to register. If you wish to avail yourself of any of our opportunities, you may need to register and setup an account with KEHPCA or provide certain personally identifiable information about yourself, as the case may be. As part of the registration process, you will also be asked to provide certain information about yourself, including name, address and email address. You may also be required to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or KEHPCA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You are responsible for maintaining the confidentiality of your Credentials. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately – by emailing us at info@kehpca.org – of any unauthorized use of your account or any other breach of security.



The KEHPCA website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the website by anyone under 13 is unauthorized. If you are under 13, you are only allowed to access this website with your parent or guardian permission and supervision. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website or otherwise avail yourself of any of the Opportunities; if you are younger than 18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to conduct any financial transactions or avail yourself of any Opportunities, and further provided that we reserve the right to limit certain of our Opportunities – such as volunteering – to those who are at least 18 years of age.



This Website contains hyperlinks to other websites – including a variety of social media sites – owned and operated by parties other than KEHPCA. Additionally, from time to time, KEHPCA may also have a presence on certain 3rd party websites. Please note that we do not control the websites accessed from such hyperlinks nor do we exercise any control over the websites on which we may have a presence, and cannot, and will not, be held responsible for the content or accuracy of anything on these websites, including any advertisements, products for sale, or services. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. KEHPCA is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. KEHPCA shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such website. KEHPCA is not responsible for the privacy practices of any other websites.



By visiting the KEHPCA Website you agree to comply with all applicable state laws. You further agree to comply with all applicable laws regarding the transmission of data exported from Kenya or the country in which you reside. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Website and any and all information contained therein, including the Opportunities, information or Content are appropriate, available or legal in any particular location. This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject KEHPCA to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Websites and all related services, Opportunities, information or Content on your own initiative and that you are responsible for compliance with all applicable international, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.



Kenya Hospices and Palliative Care Association has the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violations of the Website policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Website). Kenya Hospices and Palliative Care Association may also investigate, in its sole discretion, the use of any credit card by a user registered to make a purchase, and take such action as we deem appropriate, including without limitation, contacting the individual using such card and/or deactivating a user’s account.


Acceptable Use for Blogs

Our Website contains Blogs (“Blogs”). The content, view and opinions published in Blogs written by our personnel or contributors – or from links or Blogs that we post on the Website from other sources – belong solely to their respective authors and do not necessarily reflect the views of KEHPCA, its management, employees or other contributers. Comments or opinions expressed on the Blogs are those of their respective contributors only. KEHPCA is not responsible for, and disclaims any and all liability for the content of comments written by contributors to the Blog. We permit visitors to our Website to post comments in response to the Blogs. Please remember that the open and real-time nature of the comments posted to these Blogs makes it is impossible for KEHPCA to confirm the validity of any content posted, and though we reserve the right to review and edit or delete any such Blog comment, we do not guarantee that we will monitor or review. As such, we are not responsible for any messages posted or the consequences of following any advice offered within Blog posts. If you find any posts in these Blogs to be offensive or objectionable, please contact us via email at info@kehpca.org and reference the relevant Blog. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner. 

By submitting a response, comment or content related to a Blog, you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of KEHPCA. By using these Blogs, you agree to the following:

By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Blogs (collectively, the “Blog Content”), you grant KEHPCA, its successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the response, comment or content in any media or medium, or any form, format, or forum now known or hereafter developed.


If you contribute any graphic images or photographs, you accept all liability for any issues that may arise from such Blog Content. Please do not submit any images or photographs for which you do not have a current model or property release unless you are otherwise authorized to post such material. You will not post any material that is knowingly false, misleading, or inaccurate. You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.

You will not use profanity in your Blog Content, and will neither post with language or content that is obscene, sexually oriented, or sexually suggestive or link to sites that contain such content. You will respect other people’s right to personal privacy and will not post any other person’s identifying information (including their names, contact information or any other relevant information) within the Forum but your own. You will not use these Blogs to violate any laws nor to discuss illegal activities. You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users. You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or by these Blogs.

You will not use these Blogs for the purposes of sharing or distributing viruses, licenses, registration information, software keys, “cracks,” or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.


You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited in the Blogs. You will not, furthermore, collect personal information about Blog members for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.). You will not post messages that are clearly outside of the stated topic of any Blogs nor disrupt a Blog by deliberately posting repeated irrelevant messages or copies of identical messages (also known as “flooding”).

You will not attempt to access any protected sections of the sites or Blogs, nor make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the Blog software at any KEHPCA site.

You will, if asked by a representative of KEHPCA, cease posting any content, and/or links to content, deemed offensive, objectionable, or in poor taste. We reserve the right to delete any message and/or restrict posting rights in our Blogs for any reason whatsoever. Should you continue to post messages that violate the rules of the Blogs your account may be terminated, your access to the Blogs may be banned, and your service provider(s) may be contacted about your behaviour. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.



Kenya Hospices and Palliative Care Association (KEHPCA) hereby grants you a limited permission to access and make use of this Website for personal reasons or to scale up access to palliative care services. This permission does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of KEHPCA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KEHPCA without Feed the KEHPCA’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of KEHPCA(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by KEHPCA.




Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Kenya Hospices and Palliative Care Association (KEHPCA) or its third party Content suppliers and is protected by Kenyan and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of KEHPCA and is protected by Kenyan and international copyright laws. You may download information from this Website and print out a hard copy for your personal use or to scale up access to palliative care services provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of KEHPCA or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by KEHPCA. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. KEHPCA does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights please notify us immediately at; info@kehpca.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.


Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of Kenya Hospices and Palliative Care Association (KEHPCA) or her affiliates. The KEHPCA name, logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of KEHPCA. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of KEHPCA.



Payments and Payments Processing; Rules for All Payments

KEHPCA Website provides a number of Opportunities that require an online payment transaction, such as making a donation or purchasing an item from our online gift catalogue. KEHPCA has engaged the services of Pesapal, a payment services provider, to process all donation/payment transactions. Pesapal manages the routing of applicable customer information through the credit card and electronic check processing networks. KEHPCA is not affiliated with Pesapal and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, KEHPCA expressly disclaims responsibility and liability for all services provided by Pesapal, including those related to donation/payment transactions, and you hereby agree that KEHPCA shall not be responsible for any loss or damage of any sort incurred as a result of such payment services. Additionally, since Pesapal will have access to the information you provide to them when making a donation/payment transaction, we recommend that you closely review their privacy policy – which can be accessed from their Website at https//www.pesapal.com>support You hereby acknowledge and agree that, for all  donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations/payment transactions are final and non-refundable. If you have any questions regarding any payment transaction, please contact us by phone +254 722 507219 or by email at info@kehpca.org.



You may not register under a false name or use an invalid or unauthorized credit card. You may not make a purchase under a false name, impersonate any participant, or use another participant’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on this Website. Fraudulent conduct is a violation of International laws and may be reported to law enforcement authorities. KEHPCA will cooperate to ensure that violators are prosecuted to the fullest extent of the law.


Prohibited Use

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Kenya Hospices and Palliative Care Association to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Kenya Hospices and Palliative Care Association. In addition, in connection with your use of the Website, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Kenya Hospices and Palliative Care Association representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; f) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; h) violate any applicable local, state, national or international law; i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; j) delete or revise any material posted by any other person or entity; k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology; l) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; m) harvest or otherwise collect information about others, including e-mail addresses; or n) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website. KEHPCA reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Kenya Hospices and Palliative Care Association may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Kenya Hospices and Palliative Care Association reserves the right at all times to disclose any information as Kenya

Hospices and Palliative Care Association deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kenya Hospices and Palliative Care Association sole discretion.

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