Privacy Policy
TERMS AND CONDITIONS
For
AFZ -Albinism Foundation of Zambia,
John Chiti, LOTI HOUSE, Cairo Road, Room 811, 8th Floor, Lusaka Zambia (opposite Kwacha House)
TPIN Number 700 000 174 830 9
Registration Number 71/18
Certificate Number ZAPD0071
Terms and Conditions
Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.
Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
Copyright notice
3.1 Copyright (c) 2019 AFZ
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) sell, rent or sub-license material from our website;
(b) show any material from our website in public; or
(c) exploit material from our website for a commercial purpose; or
4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must agree to our Privacy Policy.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
8.1 We may suspend, cancel or edit your account details at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and publish your content on and in relation to this website.
9.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.5 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be in breach of any contractual obligation owed to any person;
(j) be untrue, false, inaccurate or misleading;
Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
Variation
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website.
Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policies, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
Statutory and regulatory disclosures
20.1 We are registered NGO.
Our details
21.1 This website is owned and operated by AFZ Albinism Foundation of Zambia .
21.2 Our registered office is in Lusaka Zambia (look up Contact Section)
21.3 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, using the contact numbers published on this website
(d) by email, using the email addresses published on this website
ONLINE SHOP
22.1. The online shopping site is operated by AFZ (Albinism Foundation of Zambia)
22.2. Making a purchase could not be easier. Browse our store and add items that you wish to buy into the shopping basket. Once you have finished your selection, click on ‘Checkout’ and you will be asked for a few details that we need to be able to complete the order.
22.3. Payment – Secure payment is performed by our payment service providers Stripe or PayPal, whichever option you choose. We accept all major credit and debit cards as shown on our checkout pages. When an order is placed on our website, your payment details are entered into Stripe or PayPal directly, ensuring encrypted security. Your payment details will not be received, seen or stored by AFZ .
22.4. Once payment has been taken you will receive a confirmation email. This indicates we have received your order; it does not indicate that a contract exists between us. This will occur when we send you an invoice.
22.5. Delivery – Assuming a valid payment and the required delivery information, we aim to despatch orders within two working days. Standard delivery is usually within 7-10 working days. You will be informed at checkout of our postage charges which are based on weight.
22.6. Please be aware that all sizes and dimensions of products as indicated on this website are approximate. We cannot guarantee that your screen’s display of any colour will accurately reflect the colour of the product on delivery.
22.7. Prices of products listed in our online shop are inclusive of any VAT which may be payable by you. All prices displayed on the website are quoted in UK Pounds Sterling. We reserve the right to change prices listed without giving prior notice. AFZ’ VAT registration number is xxxxxxx. If you require a VAT invoice, please email your request to admin@albinism-awareness.com
22.8. Cancellation – By law, customers in the European Union have the right to cancel the purchase of an item before it is processed and dispatched. If you wish to cancel all or part of your order, please email us at admin@albinism-awareness.com detailing which items you wish to cancel. If we receive notification of your wish to cancel once processing has begun, cancellation will not be possible, and our Returns Policy (22.10) will apply.
22.9. Donations made as part of your order will be treated as donations to which our cancellation and returns policies do not apply. Under Charity Commission rules, we are unable to issue a refund for donations.
22.10. Returns – Your rights to return goods are protected under the EU Distance Selling Regulations (or subsequent legislation). Your refund will be paid within 30 days. You are responsible for the risk of loss or damage when returning the goods, so you should obtain proof of postage and take out enough postal insurance to cover their value. Please enclose a copy of your invoice indicating which items are being returned. Please e-mail us within 7 days with your order reference and reason for return. Your item must be returned to us before we can process your replacement or refund.
If you receive goods from AFZ online in a damaged or in faulty condition, we will replace or refund the damaged goods as required. In addition to the value of the returned item, we will also refund the reasonable cost of returning your goods.
If you do not like your goods or have ordered the wrong goods, we will refund you for the returned item(s) providing they are returned in their original condition. Sealed packs must be unopened. You are responsible for the cost of returning the items, and this cost will not be refunded.
DONATIONS
These are the Terms and Conditions which govern each use you make of the donation payment services provided through the website albinsm-awareness.com .
These Terms and Conditions apply separately to each single donation that you make. Except as provided for in section 6, ‘Monthly Donations’, and unless specified by you, they do not form a contract allowing for future or successive transactions to be set up. By confirming on the website albinsm-awareness.com that you wish to make a donation you agree to be bound by these Terms and Conditions for that donation.
(1) The donation services
We will use your donation at our discretion but within our stated charitable objectives.
All payments through the website albinsm-awareness.com albinsm-awareness.com are to be made by payment card or via PayPal.
Once you confirm to us through the website albinsm-awareness.com that you wish to proceed with your donation your transaction will be processed through our payment services provider, WooCommerce. By confirming that you wish to proceed with your donation you authorize WooCommerce to request funds from your credit, debit, or PayPal card provider.
(2) Unauthorised card use
If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider.
(4) Information from you
Before we can process a donation you must provide us with (i) your name, address and email address; and (ii) details of the credit or debit card that you wish to use to fund the donation. We will use this information to process your donation. It is your responsibility to ensure you have provided us with the correct information.
When you submit your payment details, these details will be transferred to our payment provider, WooCommerce, and your payment data will be collected and processed securely by them. You should make sure that you are aware of WooCommerce’s terms and conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a donation.
We won’t share your personal details with any other third party other than is set out in our Privacy Policy. Our Privacy Policy forms part of these Donation Payment Terms and Conditions and by agreeing to these Terms and Conditions you are also agreeing to the way we use and protect your personal information in line with our Privacy Policy.
(5) Refund policy
If you make an error in your donation please contact us either by email at info@albinism-awareness.com and a full refund will be made to you.
(6) Monthly donations
These Donation Payment Terms and Conditions will only apply to successive donations made through the website albinsm-awareness.com where you have set up a monthly donation. When you set up a regular donation you will be scheduling a series of donations to be made on the day of the month that you choose until further notice. You agree that these Terms and Conditions will apply to each of the donations in that series.
By confirming that you wish to proceed with a monthly donation you authorize our payment service provider WooCommerce to request funds from your credit or debit card on the day of each month that you set.
To cancel your regular donation please contact us at info@albinism@awareness.com.
(7) General
We reserve the right to amend these Donation Payment Terms and Conditions at any time.
These Donation Payment Terms and Conditions are governed by Zambian law and are subject to the exclusive jurisdiction of the Zambian courts.