Terms of Use

Welcome to HIAN Charity Foundation ("HIAN," "we," "our," or "us"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "your") and HIAN Charity Foundation, a registered Non-Profit Organisation in the Republic of Uganda, with our principal place of operations at Busabala, Masajja Division, Wakiso District, Uganda (P.O Box 115279).

These Terms govern your access to and use of:

• Our website at https://hiancharityfoundation.org and all subdomains, subdirectories, and related pages (collectively, the "Website").
• Our social enterprise platform Hiacart at https://hiacart.com.
• Any mobile applications, APIs, or other digital services we provide.
• All content, information, materials, features, and services available through the Website (collectively with the Website, the "Services").

By accessing or using the Services, you represent and warrant that (a) you are at least 18 years of age or the age of majority in your jurisdiction; (b) you have the legal capacity to enter into these Terms; and (c) you will comply with all applicable laws and regulations. If you are using the Services on behalf of an organization or entity, you represent that you have the authority to bind such organization to these Terms.

1. Definitions and Interpretation

1.1 Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth below:

• "Content" means all text, images, photographs, graphics, videos, audio, logos, trademarks, data, software, code, and other materials displayed on or available through the Services.
• "Donor" means any individual or entity that makes a financial or in-kind contribution to HIAN Charity Foundation.
• "User" or "you" means any person who accesses or uses the Services.
• "User-Generated Content" means any content that you post, upload, submit, or otherwise make available through the Services.
• "Intellectual Property Rights" means all copyrights, trademarks, patents, trade secrets, moral rights, and other proprietary rights recognized under applicable law.

1.2 Interpretation

In these Terms, unless the context requires otherwise: (a) words in the singular include the plural and vice versa; (b) headings are for convenience only and do not affect interpretation; (c) references to "including" or "include" are without limitation; and (d) references to statutes include amendments, re-enactments, and subordinate legislation.

2. Acceptance and Modification of Terms

2.1 Acceptance

By accessing, browsing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features or services, all of which are incorporated herein by reference.

2.2 Modification of Terms

We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. Material changes will be communicated through:

• Posting the updated Terms on this page with a new "Last Updated" date.
• Displaying a prominent notice on our Website for a reasonable period.
• Sending email notification to registered users for significant changes.

Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must discontinue use of the Services immediately.

3. User Accounts and Registration

3.1 Account Creation

Certain features of the Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information promptly to keep it accurate, current, and complete.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately of any unauthorized access to or use of your account. HIAN Charity Foundation shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

3.3 Account Termination

We reserve the right to suspend, deactivate, or terminate your account at any time, with or without cause, and with or without notice, including if we reasonably believe that you have violated these Terms or engaged in fraudulent, abusive, or illegal activity.

4. User Obligations and Prohibited Conduct

4.1 Lawful Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall comply with all applicable local, national, and international laws, regulations, and rules in connection with your use of the Services.

4.2 Prohibited Conduct

You expressly agree that you will not, under any circumstances:

• Use the Services for any illegal, fraudulent, or unauthorized purpose.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Interfere with or disrupt the operation of the Services or servers or networks connected to the Services.
• Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable.
• Engage in unauthorized access, data mining, scraping, harvesting, or similar data gathering or extraction methods.
• Introduce viruses, worms, malware, Trojan horses, or other harmful code.
• Attempt to gain unauthorized access to restricted areas of the Services, other accounts, computer systems, or networks.
• Use the Services to send unsolicited commercial communications (spam) or to conduct any form of unauthorized advertising or solicitation.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express prior written permission.
• Violate the intellectual property rights, privacy rights, or other legal rights of HIAN Charity Foundation or any third party.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All Content available on or through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof, is the exclusive property of HIAN Charity Foundation or its content suppliers and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws of Uganda and international treaties.

The trademarks, service marks, logos, and trade names displayed on the Services, including but not limited to "HIAN Charity Foundation," "HIAN," the HIAN logo, "Hiacart," and all related marks, are registered or unregistered trademarks of HIAN Charity Foundation. You may not use, reproduce, or display any of these marks without our prior written consent.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes. This license does not include any right to:

• Modify, adapt, translate, or create derivative works of the Content.
• Remove, alter, or obscure any copyright, trademark, or proprietary notices.
• Decompile, reverse engineer, or disassemble any software code.
• Use any automated means to access or collect data from the Services.

All rights not expressly granted herein are reserved by HIAN Charity Foundation.

5.3 User-Generated Content

By posting, uploading, or submitting User-Generated Content to the Services, you grant HIAN Charity Foundation a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or format for any purpose related to our charitable mission. You represent and warrant that you own or have all necessary rights to the User-Generated Content you submit and that such content does not infringe the rights of any third party.

6. Donations and Financial Transactions

6.1 Donation Processing

All donations made through the Services are processed by third-party payment processors. By making a donation, you agree to the terms and conditions of the applicable payment processor. HIAN Charity Foundation is not responsible for errors, failures, or security breaches of third-party payment processors.

6.2 Donation Policies

Donations are generally non-refundable. However, if you believe a donation was made in error or without authorization, please contact us within 7 calendar days of the transaction at info@hiancharityfoundation.org. We will review refund requests on a case-by-case basis in accordance with applicable law and our internal policies.

6.3 Tax Deductibility

HIAN Charity Foundation is a registered Non-Profit Organisation in Uganda. We will issue official receipts for all donations received. The tax deductibility of donations depends on the tax laws of your jurisdiction. You are solely responsible for determining the tax treatment of your donation. We recommend consulting a qualified tax professional.

7. Third-Party Links and Services

The Services may contain links to third-party websites, platforms, or services that are not owned, operated, or controlled by HIAN Charity Foundation, including but not limited to our social media pages on Facebook, X (formerly Twitter), Instagram, and TikTok, our payment processors, and Hiacart. We do not endorse, monitor, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that HIAN Charity Foundation shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services. We strongly encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HIAN CHARITY FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
• Warranties regarding the accuracy, completeness, reliability, or currency of any Content.
• Any warranties arising from course of dealing, course of performance, or usage of trade.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIAN CHARITY FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Cap on Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HIAN CHARITY FOUNDATION EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE DONATED TO HIAN CHARITY FOUNDATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE FOREGOING LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless HIAN Charity Foundation, its directors, officers, employees, volunteers, agents, partners, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal and accounting fees) arising out of or relating to:

• Your use of or access to the Services.
• Your violation of these Terms, any applicable law, or any third-party right.
• Your User-Generated Content or any content you submit, post, or transmit through the Services.
• Any fraudulent, negligent, or intentional misconduct by you.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

10. Termination

10.1 Termination by You

You may terminate these Terms at any time by discontinuing use of the Services and, if applicable, deleting your account. Termination does not relieve you of any obligations or liabilities accrued prior to termination.

10.2 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, fraudulent activity, or behavior that we deem harmful to HIAN Charity Foundation, our beneficiaries, or the public.

10.3 Survival

All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described in our Privacy Policy and warrant that all data provided by you is accurate.

12. Copyright Infringement

HIAN Charity Foundation respects the intellectual property rights of others. If you believe that any material on our Services infringes your copyright, please send a written notice to our designated Copyright Agent at info@hiancharityfoundation.org containing the following information:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the allegedly infringing material and its location on the Services.
• Your contact information, including name, address, telephone number, and email.
• A statement that you have a good faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information in the notification is accurate.

Upon receipt of a valid notice, we will promptly investigate and take appropriate action, which may include removal of the allegedly infringing material.

13. Force Majeure

HIAN Charity Foundation shall not be liable for any failure or delay in performance of our obligations under these Terms arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government action, labor disputes, internet outages, power failures, telecommunications failures, or any other event beyond our reasonable control.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and any dispute or claim arising out of or relating to them shall be governed by and construed in accordance with the laws of the Republic of Uganda, without regard to its conflict of law principles.

14.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved through amicable negotiations between the parties. If the dispute cannot be resolved within 30 calendar days through negotiation, either party may refer the matter to mediation conducted in Kampala, Uganda. If mediation fails, the dispute shall be subject to the exclusive jurisdiction of the courts of the Republic of Uganda.

14.3 Waiver of Class Action

To the fullest extent permitted by law, you agree that any dispute resolution proceedings shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative action. You hereby waive any right to participate in a class action lawsuit or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and HIAN Charity Foundation regarding the use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the original provision.

15.3 Waiver

No failure or delay by HIAN Charity Foundation in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of HIAN Charity Foundation.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. HIAN Charity Foundation may assign or transfer its rights and obligations under these Terms at any time without notice to you.

15.5 Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and HIAN Charity Foundation. You have no authority to bind us in any respect.

15.6 Notices

All legal notices to HIAN Charity Foundation shall be sent by certified mail, return receipt requested, or by internationally recognized courier service to:

Notices to you may be sent to the email address you provide to us or through prominent posting on the Website. Notice shall be deemed given 24 hours after email transmission (if no delivery failure notification is received) or 7 days after posting on the Website.

16. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Use, please contact us at: