Effective Date: December 15, 2017 | Last Updated: November 21, 2025
These Terms of Use ("Terms") govern your access to and use of the website www.duncanofoundation.org ("Site"), operated by Duncano Foundation ("we", "our", or "us"). By accessing, browsing, or using this Site, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Site immediately.
Your use of this Site signifies your acceptance of these Terms, our Privacy Policy, and any additional guidelines or rules posted on the Site. We may update or modify these Terms at any time without prior notice, and such changes will be effective upon posting. Continued use of the Site constitutes acceptance of the updated Terms.
This Site is intended for individuals who are at least 18 years old. By using the Site, you represent and warrant that you are of legal age to form a binding contract under Kenyan law. If you are accessing the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
You may access the Site solely for lawful, personal, and non-commercial purposes consistent with our objectives. You agree not to use the Site for any unlawful or unauthorized activity, including attempting to gain unauthorized access to the Site, interfering with its functions, or engaging in activities that violate the Computer Misuse and Cybercrimes Act, 2018.
You also agree not to use any automated software, bots, or scripts to access or interact with the Site.
Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and protect personal data. By using the Site, you consent to the collection and processing of personal information in accordance with Kenyan data-protection laws.
All content on the Site—including text, graphics, logos, images, photographs, audio or video clips, software, and design elements—is the property of Duncano Foundation or its licensors and is protected under copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, display, modify, publish, transmit, or create derivative works from any content on the Site without our prior written consent.
If the Site allows users to submit content—including comments, messages, files, or applications—you grant us a non-exclusive, royalty-free, worldwide, transferable license to use, store, reproduce, display, and distribute that content for purposes related to our mission and operations.
You represent that any content you submit is accurate, lawful, and does not infringe the rights of any party. We reserve the right to remove any user-submitted content at our discretion.
You agree not to engage in activities that:
We may suspend or terminate your access to the Site if you engage in prohibited conduct.
The Site may contain links to third-party websites or resources. These are provided for convenience only, and we are not responsible for their content, policies, or practices. Accessing any third-party site is at your own risk, and you should review the terms and privacy policies of those sites.
The content on the Site is provided for informational and educational purposes only. Although we strive for accuracy, we do not guarantee that the information is complete, reliable, current, or error-free. The Site and its content are provided "as is" and "as available," without warranties of any kind, express or implied.
We disclaim all warranties including fitness for a particular purpose, merchantability, accuracy, and non-infringement.
To the fullest extent permitted by law, Duncano Foundation shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of the Site. This includes damages from loss of data, loss of profits, system errors, unauthorized access, or interruptions in service.
Your sole remedy for dissatisfaction with the Site is to stop using it.
You agree to indemnify and hold harmless Duncano Foundation, its directors, employees, affiliates, and partners from any claims, liabilities, losses, damages, or expenses—including legal fees—arising from your use of the Site, your violation of these Terms, or your infringement of any rights.
We may suspend or terminate your access to the Site at any time, without notice, if we believe you have violated these Terms or engaged in unlawful activity. Upon termination, any rights granted to you under these Terms will cease immediately.
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising under or related to these Terms or your use of the Site shall be resolved exclusively through the courts of competent jurisdiction in Kenya.
If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will continue in full force. The invalid portion shall be interpreted in a manner that most closely reflects the original intent.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Duncano Foundation regarding the use of this Site and supersede any prior agreements or understandings.
If you have questions, concerns, or feedback regarding these Terms, please contact us at:
Email: info@duncanofoundation.org
Address: Landmark Plaza, 13th Floor, Argwings Kodhek Rd, Nairobi, Kenya
