Agreement to our legal terms

We are Miss Koch Kenya, doing business as MKK (“MKK,” “we,” “us,” or “our“), a non-governmental organisation registered in Kenya, located at Engyo Plaza, 3rd Floor, Kamunde Road, Nairobi 00200, Kenya.

We operate the website https://misskoch.org (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

Miss Koch Kenya (MKK) is a registered not-for-profit youth empowerment organisation based in Nairobi, Kenya. Founded in Korogocho in 2001 and registered as an NGO in 2010, MKK runs programmes in education and mentorship, talents and entrepreneurship, mental and sexual reproductive health, and leadership and governance. Our website provides information about our work, programmes and impact; allows supporters, partners and donors to make one-off or recurring donations online by card or mobile money (such as M-PESA); gives donors access to a donor dashboard to view their donation history; offers downloadable documents such as our organisation profile and strategic plan; and lets visitors contact us or find our offices.

You can contact us by phone at +254 721 350365, by email at info@misskoch.org, or by post to Engyo Plaza, 3rd Floor, Kamunde Road, Nairobi 00200, Kenya.

We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to these Legal Terms will become effective fourteen (14) days after the notice is given, except where the changes relate to security updates, a court order, or changes required by applicable law or regulation, or to protect users and donors from fraud or misuse of the Services, in which case the changes will be effective immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may stop using the Services as described in the section “Term and termination“.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. Young people under 18 who wish to take part in our programmes engage with us in person through our main office, accompanied by a parent or guardian.

We recommend that you print a copy of these Legal Terms for your records.

1. Our services

The information provided when using the Services is not intended for distribution to 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, the “Content“), as well as the trademarks, service marks and logos contained therein (the “Marks“).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services “as is” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “Prohibited activities” section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to info@misskoch.org. If we ever grant you permission to post, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content or Marks and ensure that any copyright or proprietary notice appears or is visible when posting, reproducing or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any breach of these intellectual property rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “Prohibited activities” section carefully before using our Services, to understand (a) the rights you give us and (b) the obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback or other information about the Services (“Submissions“), you agree that we may use such Submissions for any lawful purpose connected with our work, without acknowledgment or compensation to you.

Contributions: The Services may invite you to comment on, contribute to or participate in blogs and other functionality, during which you may create, submit, post, display, transmit or publish content and materials to us or through the Services, including but not limited to text, writings, photographs, comments, suggestions, personal information or other material (“Contributions“). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

You are responsible for what you post or upload. By sending us Submissions and/or posting Contributions through any part of the Services, you:

• confirm that you have read and agree with our “Prohibited activities” and will not post, send, publish, upload or transmit through the Services any Submission or Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submissions and/or Contributions are original to you, or that you have the necessary rights and licences to submit them, and that you have full authority to grant us the rights described in these Legal Terms; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions, and you agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your content. Although we have no obligation to monitor any Contributions, we have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider them harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright you own or control, please refer to the “Copyright infringements” section below.

3. User representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. Donations and donor accounts

Nature of donations. All payments made through our donation forms are voluntary donations to Miss Koch Kenya to support our charitable programmes. A donation is not a purchase of goods or services, and you will not receive goods or services in return, other than a donation receipt.

Payment processing. Donations are processed by our payment provider, Paystack, and mobile money payments such as M-PESA are also processed by Safaricom. Your payment is subject to the terms and privacy policies of those providers. We do not store full card numbers or mobile money PINs on our website. For details of how we handle donor information, please see our Privacy Policy.

Use of donations. Unless you have made a donation to a specific campaign, we may use your donation wherever the need is greatest across our programmes and operations. Where a donation is made to a specific campaign, we will use it for that campaign where possible; if the campaign is fully funded, cancelled or can no longer proceed, we may apply the donation to related programmes that support the same purpose.

Refunds. Donations are generally non-refundable. If you have made a donation in error, for example an incorrect amount or a duplicate payment, please contact us at info@misskoch.org within thirty (30) days of the donation, and we will review your request and, where appropriate, arrange a refund through the original payment method.

Recurring donations. If you set up a recurring donation, you authorise us and our payment provider to charge your chosen payment method at the frequency and amount you selected until you cancel. You can cancel a recurring donation at any time by contacting us at info@misskoch.org. Cancellation will apply to future payments and will not affect donations already made.

Accuracy and fraud. You agree to provide current, complete and accurate information when making a donation, and you confirm that you are authorised to use the payment method you provide. We reserve the right to decline, cancel or refund any donation that we reasonably suspect to be fraudulent or unauthorised.

Donor accounts. If you create a donor account to access the donor dashboard, you are responsible for keeping your login details confidential and for all activity under your account. Please notify us promptly at info@misskoch.org if you believe your account has been accessed without your permission.

5. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
• Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate or threaten any of our employees, volunteers or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to PHP, HTML, JavaScript or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
• Use stolen, unauthorised or fraudulent payment methods to make donations, or use our donation forms to test payment card details.
• Impersonate Miss Koch Kenya, its staff or volunteers, or solicit funds on our behalf without our written authorisation.
• Use our name, logo, photographs or materials for fundraising, commercial or promotional purposes without our prior written consent.
• Share, copy or distribute images or personal information of our programme participants, particularly children, without proper consent.

6. User generated contributions

The Services may invite you to comment on, contribute to or participate in blogs and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, publish or distribute content and materials to us or on the Services, including but not limited to text, writings, photographs, comments, suggestions, personal information or other material (collectively, “Contributions“). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display or performance, and the accessing, downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights, of any third party.
• You are the creator and owner of, or have the necessary licences, rights, consents, releases and permissions to use and to authorise us, the Services and other users of the Services to use, your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each such person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child sexual abuse material, or any law otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or disability.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

7. Contribution licence

By posting your Contributions to any part of the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to host, use, copy, reproduce, store, publish, publicly display, reformat, translate, excerpt and distribute such Contributions, in any media, for the purposes of operating the Services and communicating about and promoting our charitable work and programmes.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services, and you agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. Third-party websites, content and services

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third-Party Content“). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Google Maps

9. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. Privacy Policy and Cookie Policy

We care about data privacy and security. Please review our Privacy Policy and our Cookie Policy. By using the Services, you agree to be bound by our Privacy Policy and Cookie Policy, which are incorporated into these Legal Terms.

We are based in Kenya, and our website is hosted on servers in the United States. Some of our service providers, such as Google and Paystack, may also process information outside Kenya. If you access the Services from any region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in Kenya, then through your continued use of the Services, you acknowledge that your data will be transferred to and processed in Kenya, the United States and other countries where our service providers operate, as described in our Privacy Policy.

11. Copyright infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright you own or control, please notify us immediately using the contact information provided below (a “Notification“). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that, under applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first consulting a lawyer.

12. Term and termination

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use of or participation in the Services, or delete any content or information that you posted, at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

13. Modifications and interruptions

We reserve the right to change, modify or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to oblige us to maintain and support the Services or to supply any corrections, updates or releases in connection therewith.

14. Governing law

These Legal Terms shall be governed by and interpreted in accordance with the laws of Kenya. Miss Koch Kenya and you irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

15. Dispute resolution

Informal resolution first. If you have a concern or dispute relating to these Legal Terms or the Services, including any donation, please first contact us at info@misskoch.org with a description of the issue and the outcome you are seeking. We will try in good faith to resolve the matter informally. Neither you nor we will start court proceedings until thirty (30) days after the concern was first raised in writing, except where urgent relief is needed to prevent harm or to protect intellectual property rights or personal data.

Courts. If a dispute cannot be resolved informally, you agree to submit all disputes related to these Legal Terms or the legal relationship established by them to the jurisdiction of the courts of Kenya, including, where applicable, the Small Claims Court. Miss Koch Kenya shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the country of your principal place of business.

16. Corrections

There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Services at any time, without prior notice.

17. Disclaimer

18. Limitations of liability

19. Indemnification

You agree to defend, indemnify and hold us harmless, including our officers, board members, agents, partners, volunteers and employees, from and against any loss, damage, liability, claim or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties set out in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act towards any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

20. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. To the fullest extent permitted by applicable law, you agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption of such data. This does not affect your rights under the Data Protection Act, 2019, as described in our Privacy Policy.

21. Electronic communications, transactions and signatures

Visiting the Services, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, donations and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Services. To the extent permitted by applicable law, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

22. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect of the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.

23. Contact us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us: