1. Scope

The Internet platform hopeandcourageint.org is operated by Hope & Courage International a Non Governmental Organization registered under the Registrar of Societies in Kenya. The NGO was started in the year 2012 by a group of Kenyans some of them being cancer victims and survivors with a keen focus on Cancer Awareness, Support, Education and Sensitization. All funds gathered through the platform are used exclusively for non-profit, charitable purposes in accordance with the organisation’s constitution.

These Terms of Use apply to all registered users of hopeandcourageint.org and platform visitors. They regulate the rights and obligations of users/visitors when visiting the platform hopeandcourageint.org and using the provided functions.

Where hopeandcourageint.org is mentioned as a uniform term below, this involves a legal relationship with Hope & Courage International as operator of the platform. The term ‘donation conditions’ is to be understood independently of the tax status of the funded projects and their sponsoring organisations . Where the term ‘non-profit’ is used in the following, it refers not only to non-profit purposes as defined in the Kenya Law , but also charitable and church purposes as defined in the Tax Code (AO).

In addition to these Terms of Use, the Privacy Policy is also to be observed. In the case of the  registration of a project, volunteer searches or an organisation, additional conditions apply .

  1. Registration as a user

2.1. Registration as a user is free of charge. Certain functionalities of hopeandcourageint.org are only available to registered users:

In particular

  • the creation of an ‘organisation’,
  • the creation of a ‘project’,
  • the creation of a ‘volunteer search’,
  • the creation of a ‘fundraiser’ and
  • the creation of a ‘company’

require prior registration as a user.

Details regarding the definition of terms and the requirements for listing are provided in theTerms and Conditions for Organisations and Projects which are tax deductible and for Volunteering  and the Terms of Use for Companies .

2.2. Only users who possess full legal capacity or are acting with the consent of their legal representative are allowed to use this offering. Furthermore, all users must be 14 years or older.

2.3. The user must be a natural person and is required to provide only accurate information, in particular with regard to their identity and age, when registering.

  1. Duties and obligations of the user

3.1. Users are responsible for their conduct when using hopeandcourageint.org and fully accountable for all content they post and the accuracy of such content. Before actual participation or posting content, users must confirm that their conduct or content will not breach statutory regulations, common decency or violate the legal rights of third parties (e.g. trademark law, naming rights, copyright and data protection laws, and/or youth protection regulations). In particular, the user undertakes to obtain the required approval of participants/affected parties/beneficiaries, for example the photographers and the depicted or mentioned individuals, before uploading text and images and to provide hopeandcourageint.org with evidence of this at any time upon request. The user releases hopeandcourageint.org from any third party claims arising from a breach of this obligation.

3.2. When participating at hopeandcourageint.org, the user shall take into consideration that the betterplace community (i.e. the community of users and the operators of hopeandcourageint.org) work together on the basis of mutual respect and fair and reasonable relationships. The utmost measure of restraint and respect towards the differing options of others is required when dealing with issues related to world views and religious or political beliefs.

3.3. It is illegal to directly upload, provide links to or otherwise facilitate access to the following content on hopeandcourageint.org:

  • Material which endangers or impairs young people and their development, especially violent, pornographic or otherwise immoral content
  • Content that promotes or glorifies hate, violence or any form of discrimination
  • False statements of fact and offensive statements
  • Vulgar and obscene language, disrespectful, provocative and aggressive communication with other users
  • Misleading content
  • Calls for boycotts or non-peaceful or otherwise illegal activity

3.4. If the user finds content on hopeandcourageint.org which, in their opinion, violates existing laws or the Terms of Use, they are requested to inform hopeandcourageint.org of this fact, e.g. by email (to: support@hopeandcourageint.org ) or by post (to: Hope & Courage International; BOX 1204 – 00200 Nairobi, Kenya).

3.5. If hopeandcourageint.org gains knowledge of prohibited content or suspects the existence of such content, hopeandcourageint.org is entitled to remove this content from the platform at any time.

3.6. An excessive negative impact on hopeandcourageint.org is to be avoided. In particular, measures which may compromise the integrity, stability and availability of the IT systems of hopeandcourageint.org are prohibited.

3.7. Passwords and other data used to access hopeandcourageint.org must be chosen by the user in accordance with the general principles of password security and must be kept strictly confidential. hopeandcourageint.org must be informed immediately if the user has reason to believe that the safety of hopeandcourageint.org or access to its website have been compromised.

  1. Rights of use

If the user uploads text, images, or other content to hopeandcourageint.org, they grant hopeandcourageint.org the right to use such content on hopeandcourageint.org, in promotional material for the platform hopeandcourageint.org and Hope & Courage International and via the API interface on websites of hopeandcourageint.org’s partners, both on- and offline. hopeandcourageint.org is in particular entitled to abbreviate and save the content and make it publicly available on the platform or via the API interface while taking the original meaning into consideration. Distinct and clearly displayed alternative instructions when uploading the content remain unaffected.

  1. Provision of hopeandcourageint.org

hopeandcourageint.org shall endeavour to keep the platform available and free of disruption whenever possible, and aims for an availability rate of 97 per cent per year. A certain level of availability is not guaranteed. hopeandcourageint.org is in particular entitled to take the platform offline and off the network, both for regular and unscheduled maintenance work. hopeandcourageint.org is entitled to change the functionality, appearance and other features of the platform as it chooses. Access to the platform is only provided for the current version. hopeandcourageint.org is not obliged to store or save versions or content on behalf of users.

  1. Termination, suspension of access, deleting of content

6.1. Usage as a registered user can be terminated by hopeandcourageint.org or the user at any time by submitting a notification in writing and shall end at the end of the month following the termination.

6.2. The right to extraordinary termination for good cause remains unaffected. Good cause for termination by hopeandcourageint.org in particular includes situations where the user has significantly or repeatedly breached their obligations as defined in Section 3 of this agreement or in the case of incorrect registration data.

6.3 hopeandcourageint.org is entitled to prevent the user from accessing individual or all functionalities of hopeandcourageint.org, irrespective of the right to extraordinary termination. In particular, this prevention of access affects the option of uploading or amending content on hopeandcourageint.org. hopeandcourageint.org is furthermore entitled to review, block or delete all content uploaded to hopeandcourageint.org — even without cause. hopeandcourageint.org shall in particular make use of this right if third parties report the violation of any laws, third party rights or the rules of hopeandcourageint.org by specific content or users.

6.4. Prior to termination for good cause or the prevention of access by a user or blocking of content, the user shall have an opportunity to comment.

6.5. After termination of the contractual relationship, the user profile shall be anonymised on the platform. For more information, please see our Privacy Policy .

  1. Liability

The liability of hopeandcourageint.org is excluded for all damages and liability claims, regardless of their legal grounds (e.g. defects liability, delay, impossibility of performance, breach of duty or tort), except for claims

  • due to injury to life, body and health,
  • due to fraudulent intent or on the basis of a warranty,
  • due to wilful intent or grossly negligent conduct on the part of hopeandcourageint.org or their legal representatives,
  • in accordance with the Kenyan Law.

The legal regulations shall apply in these exceptions.

  1. Donation Process

The donation process in the sense of these Terms of Use refers to contributions made to hopeandcourageint.org, and where applicable towards a particular ‘fundraising goal’. A fundraising goal is understood by hopeandcourageint.org to be a project, organisation or fundraiser for a project which advertises for sponsorship on hopeandcourageint.org and which hopeandcourageint.org is able to support via donation decisions in its capacity as a sponsorship organisation. The sponsorship can take the form of monetary contributions or arrangements for unpaid voluntary work.

hopeandcourageint.org strives to take into account the desired fundraising goal of supporters when allocating funds. However, it shall be explicitly stated that supporters have no legal right to require the monetary contributions to be used for the goal they specified. In addition to supporters’ requests, hopeandcourageint.org also takes into account its own goals in accordance with the organisation’s articles of association as well as the prevailing Terms of Use when allocating funds, and publishes regular reports on fund allocation on hopeandcourageint.org.

8.1. Role of hopeandcourageint.org

8.1.1. Before they are published, hopeandcourageint.org evaluates the social purpose of the intended implementation of the projects. Furthermore, hopeandcourageint.org also requires the organisation sponsoring the project to provide a valid notice of exemption to show that it is recognised as a non-profit organisation as defined by the German Tax Code.

8.1.2 hopeandcourageint.org recommends that users only support a fundraising goal if the supporter knows the organisation or representative or if the fundraising goal has been recommended by a trustworthy person and they deem it to be reasonable based on the descriptions. Each supporter is solely responsible for obtaining all information that he may require in order to specify a desired fundraising goal.

8.2. Cash donations

8.2.1. Cash can be donated in the form of one-off payments or recurring payments (‘regular donations’). Regular donations can be cancelled at any time with immediate effect by emailing your request to; info@hopeandcourageint.org .

When making cash donations, the desired fundraising goal is usually a ‘project’ at hopeandcourageint.org. The planned use of the donations is described in the ‘project description’.  For this purpose, each project contains one or more ‘project requirements’ in which the ‘project manager’ indicates the anticipated requirements for the implementation of the corresponding project.

It is also possible to make a donation to superordinate entities such as an ‘organisation’ or a ‘fundraiser’. These will then direct the donations to one or more projects where they will ultimately be used for the implementation of the intended purposes defined in the project description

Details regarding the terms and conditions and the listing conditions can be found in the Terms and Conditions for Organisations and Projects which are tax deductible and for Volunteering .

8.2.2. Payment decisions – after a payment has been requested by the project manager, hopeandcourageint.org will decide whether or not to transfer the donations collected. In general, hopeandcourageint.org takes the following criteria into account when deciding whether or not to make payment:

  1. The organisation and the project fulfil the formal requirements (proof of non-profit status, pursuit of goals as specified in the organisation’s articles of association).
  2. At the time of payment, the project manager must document the planned use of the funds with a convincing new project development.
  3. org continues to deem the project worthy of sponsorship.

Payment will be made no later than six weeks after a payment request by the project manager has been approved by hopeandcourageint.org. However, hopeandcourageint.org reserves the right to make payment even without a request when a need is fully financed. The funds shall be transferred to the organisation sponsoring the project.

8.2.3. Anonymous donations – both as a registered or unregistered user, the supporter has the option of making a donation with a certain amount of anonymity.

The supporter provides their name, email address, postal address, and bank account details during the donation process. This data is used for authentication purposes during the payment process.

When using the comment function, the supporter can choose whether their donation should appear on the platform with or without their donated amount and with or without their name and picture (if a picture is available). If the supporter chooses that their donation should appear without their name and picture, the support appears as an ‘anonymous’ supporter on the platform. The default setting for the respective display options is based on the Privacy Policy in ‘Financial Donation Process’.

8.2.4. Donations for supporting hopeandcourageint.org – in the case of a cash donation, there is the option of specifying that a portion of a sum or an entire sum be given to hopeandcourageint.org for the pursuit of its goals as specified in the organisation’s articles of association. This option is explained during the donation process. The suggested amount can be changed or completely deleted by the supporter.

8.2.5. Fundraisers – hopeandcourageint.org provides users with the opportunity to set up fundraisers (fundraising campaigns) on the platform. In a fundraiser, the fundraising manager (registered user) suggests that people come together to support one or more projects on hopeandcourageint.org by making cash contributions for a particular occasion (e.g. their birthday or a marathon). It is the supporters, and not the fundraising manager(s), who will receive the donation contribution as described in Section 8.2.9. The fundraising manager is responsible for indicating the projects selected in the fundraiser as the desired fundraising goals. The fundraising manager is to ensure that the contributions collected as part of a fundraiser are assigned to the selected projects as soon as possible.

If the contributions are not assigned in a timely fashion, hopeandcourageint.org will send an email reminder to the fundraising manager ten months after the receipt of the last donation. In this reminder, he will be asked to assign the donations to the desired fundraising goals. If the fundraising manager does not comply with this request, hopeandcourageint.org shall be within its rights to terminate the fundraiser two months after this reminder. hopeandcourageint.org will then, taking into account the desired fundraising goals, either make an assignment at its own discretion, or retain the contributions and use this sum to pursue its goals as defined in the organisation’s articles of association.

The latter is always the case if it is not possible to contribute to any of the desired projects due to the fact that the project is, for example, already fully financed at that point in time, or has been ended or discontinued as described in Section 8.3.

8.2.6. Legal obligation – the supporter undertakes to irrevocably make the contributed funds available for his desired funding goal with no deductions for any money transfer costs. The refunding of contributions to supporters is not permitted.

8.2.7. Payment and security – payments can be made using any of the options provided on the platform (e.g. credit card, direct debit, PayPal). In this regard, the special conditions of the respective payment processor also apply. The donation process on hopeandcourageint.org is secure. The data is transmitted via an encrypted connection (SSL) and is only processed by hopeandcourageint.org in connection with the donation.

If the supporter takes part in the SEPA Direct Debit Scheme, hopeandcourageint.org will provide the supporter with an advance notice (Pre-Notification) before every SEPA Direct Debit (or for the first SEPA direct debit in the case of regular donations) which contains the due amount and the due date. The user will receive the advance information no later than one day before the due date of the SEPA Direct Debit. The advance notice can be sent separately or dispatched as a part of other notifications.

8.2.8. Publication/review of donations – an important aspect of hopeandcourageint.org is transparency in the management of projects. The Privacy Policy apples to the publication of donations, and the latest version can be viewed at hopeandcourageint.org. In addition, the supporter authorises hopeandcourageint.org to review the information provided by the beneficiary and/or payment intermediary (‘Payment Service Provider’) to check whether and to what extent a promised donation has been paid. hopeandcourageint.org is also entitled to save this information to provide details to authorities and other third parties as required by law for the duration stipulated by law.

8.2.9. Donation confirmation – a donation confirmation shall only be issued by hopeandcourageint.org if hopeandcourageint.org is provided with the information required to issue a donation confirmation, in particular the donor’s name and address information. Contributions for which a donation confirmation can be issued are identified as such on hopeandcourageint.org.

Donation confirmations are normally issued annually at the end of a calendar year with retroactive effect. There is no entitlement to receive an interim confirmation.

8.3. Ending and cancellation of cash donation projects

8.3.1. Ending of a cash donation project by the project manager

  1. a) Projects that are 100% financed – projects that are 100% financed can either be ended by the project manager himself, or are automatically ended by hopeandcourageint.org.
  2. b) Ending projects that are not yet 100% financed early – the project manager is to end his project if he no longer wishes to continue with his project on the platform, but is able to use the contributions that have already been collected but have not yet been paid out for the non-profit purposes indicated in the project described and which comply with the articles of association of the organisation sponsoring the project. The project manager will need to communicate the reason for ending his project as well as the fact that he will be using the contributions for the intended purpose on the platform, and can submit a request for the contributions that were collected up to the point in time the project was ended to be paid out. Subsequently, hopeandcourageint.org will decide in accordance with Section 8.2.2 whether the contributions collected are to be forwarded to the organisation sponsoring the project. In this exceptional case, the minimum contribution amount specified in Section 8.2.2 does not apply. If hopeandcourageint.org decides that no payment is to be made, the contributions received thus far shall be retained by hopeandcourageint.org, which will use them for the pursuit of the purposes stated in the organisation’s articles of association.

8.3.2. Cancellation of a cash donation project by the project manager – if the achievement of the project goals as specified in the project description is no longer possible, or if there is a real risk that this may be the case, the representative is to discontinue the project and announce this accordingly on the platform. In this case, the contributions received thus far shall be retained by hopeandcourageint.org, which will use them for the pursuit of the purposes stated in the organisation’s articles of association.

If, at the time the project is cancelled, no contributions have yet been received, the project manager may delete the project.

8.3.3. Cancellation of a cash donation project by hopeandcourageint.org – in addition, hopeandcourageint.org shall be entitled to cancel a project due to the following:

  1. Serious breaches of theTerms and Conditions for Organisations and Projects which are tax deductible and for Volunteering .
    In this case, the contributions received thus far, but which have not yet been paid out, shall be retained by hopeandcourageint.org, which will use them for the pursuit of the purposes stated in the organisation’s articles of association.
  2. Failure to submit an application for the collected contributions to be paid out in a timely fashion.
    org regularly sends the project managers reminders via email, in which they are informed of donation amounts which can be paid out. Project managers are obliged to apply for this payment to be made in a timely fashion, no later than ten months after the receipt of the last contribution. Donations that have not been paid out 12 months after the last contribution will be retained by hopeandcourageint.org, which will use it for the pursuit of the purposes stated in the organisation’s articles of association.
  3. Failure to reach the minimum contribution amount that entitles a payout to be made (see Section 8.2.2.).
    If a project specified as a desired fundraising goal does not reach a contribution amount which entitles a payout to be made after 12 months, the contribution amount shall be retained by hopeandcourageint.org, which will use it for the pursuit of the purposes stated in the organisation’s articles of association.

8.4. Volunteer search

8.4.1. Volunteer requirements are listed in a ‘volunteer search’ on hopeandcourageint.org. ‘Volunteer searches’ can be registered on hopeandcourageint.org by natural (individuals) or legal persons (organisations). There is a representative of the ‘volunteer searches’ for each volunteer search.

hopeandcourageint.org merely acts as a point of contact between potential supporters and the representative or their nominated contact person for volunteer searches and only supports this communication. The coordination and implementation of unpaid voluntary work is to take place exclusively between the supporters and beneficiaries.

8.4.2. hopeandcourageint.org does not provide donation confirmations for volunteer work.

8.5. Completion or cancellation of a volunteer search

8.5.1. Completion – if a volunteer search has been completed (for example, because a voluntary employee has been found), the representative is to deactivate the application on the platform.

The deactivation of the application on the platform by the representative will mean that the application is no longer visible on the platform. The person responsible for making the application has the option of reactivating the application if required, so that it will be visible again on the platform.

hopeandcourageint.org reserves the right to apply a time limit to volunteer searches, after which they will automatically be deactivated if the representative does not respond to a request by hopeandcourageint.org to confirm that the application should remain active.

8.5.2. Cancellation – furthermore, hopeandcourageint.org is also entitled to cancel an application on the platform in the event of serious breaches of the. Terms and Conditions for Organisations and Projects which are tax deductible and for Volunteering

  1. Changes to Terms

This is the latest valid version of the Terms of Use and Donation Conditions, dated March 2016.

We reserve the right to make changes to our Terms of Use and Donation Conditions at any time without restriction, in particular in order to adapt them to legislative or technical changes. Such updates will be posted on our website 30 days before they take effect. At the same time, registered users will also be informed of the upcoming changes via email. Hence, we kindly request that you check our website regularly for updated versions.

For comments or questions about the Terms for Use and Donation Conditions of hopeandcourageint.org, feel free to contact our community manager at any time:

Hope & Courage International
– Support –
P.O. BOX 1204 00200, NAIROBI KENYA
support@hopeandcourageint.org

  1. Applicable Law and Place of Jurisdiction

The law of the KENYA shall apply. The headquarters of Hope & Courage International are agreed upon as the place of jurisdiction.

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