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Terms and conditions, disclaimer and privacy statement


The information contained in this website is for general information purposes only. The information is provided by "Stichting The Keshe Foundation" and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

 

Through this website you are able to link to other websites which are not under the control of "Stichting The Keshe Foundation". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

Every effort is made to keep the website up and running smoothly. However, "Stichting The Keshe Foundation" takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

 

WEBSITE DISCLAIMER

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The Keshe Foundation makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, The Keshe Foundation does not warrant that:

 

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

The Keshe Foundation will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if The Keshe Foundation has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Keshe Foundation's liability in respect of any:

 

  • death or personal injury caused by The Keshe Foundation's negligence;
  • fraud or fraudulent misrepresentation on the part of The Keshe Foundation; or
  • matter which it would be illegal or unlawful for The Keshe Foundation to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, The Keshe Foundation has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Keshe Foundation's officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Keshe Foundation's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Keshe Foundation.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

 

 

PRIVACY STATEMENT

Your privacy is important to The Keshe Foundation. This privacy statement provides information about the personal information that The Keshe Foundation collects, and the ways in which The Keshe Foundation uses that personal information.

Personal information collection

The Keshe Foundation may collect and use the following kinds of personal information:

 

  • [information about your use of this website (including [INSERT DETAILS]);]
  • [information that you provide using for the purpose of registering with the website (including [INSERT DETAILS]);]
  • [information about transactions carried out over this website (including [INSERT DETAILS]);]
  • [information that you provide for the purpose of subscribing to the website services (including [INSERT DETAILS]); and]
  • [any other information that you send to The Keshe Foundation.]

 

Using personal information

The Keshe Foundation may use your personal information to:

 

  • [administer this website;]
  • [personalize the website for you;]
  • [enable your access to and use of the website services;]
  • [publish information about you on the website;]
  • [send to you products that you purchase;]
  • [supply to you services that you purchase;]
  • [send to you statements and invoices;]
  • [collect payments from you; and]
  • [send you marketing communications.]

 

Where The Keshe Foundation discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, The Keshe Foundation may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

The Keshe Foundation will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

The Keshe Foundation will store all the personal information you provide [on its secure servers].

[Information relating to electronic transactions entered into via this website will be protected by encryption technology.]

Cross-border data transfers

Information that The Keshe Foundation collects may be stored and processed in and transferred between any of the countries in which The Keshe Foundation operates to enable the use of the information in accordance with this privacy policy.

[In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.]

You agree to such cross-border transfers of personal information.

Updating this statement

The Keshe Foundation may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites.

The Keshe Foundation is not responsible for the privacy policies or practices of any third party.

Contact The Keshe Foundation

If you have any questions about this privacy policy or The Keshe Foundation's treatment of your personal information, please write:

 

  • by email to [EMAIL ADDRESS]; or
  • by post to [POSTAL ADDRESS].

 

 

WEBSITE TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

License to use website

Unless otherwise stated, The Keshe Foundation and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
  • [edit or otherwise modify any material on the website; or]
  • [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this 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.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Keshe Foundation's express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without The Keshe Foundation's express written consent.]

[Restricted access

[Access to certain areas of this website is restricted.] The Keshe Foundation reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at The Keshe Foundation's discretion.

If The Keshe Foundation provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

[The Keshe Foundation may disable your user ID and password in The Keshe Foundation's sole discretion without notice or explanation.]

[User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to The Keshe Foundation a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Keshe Foundation the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or The Keshe Foundation or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Keshe Foundation reserves the right to edit or remove any material submitted to this website, or stored on The Keshe Foundation's servers, or hosted or published upon this website.

[Notwithstanding The Keshe Foundation's rights under these terms and conditions in relation to user content, The Keshe Foundation does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The Keshe Foundation makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, The Keshe Foundation does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

The Keshe Foundation will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Keshe Foundation has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Keshe Foundation's liability in respect of any:

  • death or personal injury caused by The Keshe Foundation's negligence;
  • fraud or fraudulent misrepresentation on the part of The Keshe Foundation; or
  • matter which it would be illegal or unlawful for The Keshe Foundation to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, The Keshe Foundation has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Keshe Foundation's officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Keshe Foundation's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Keshe Foundation.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify The Keshe Foundation and undertake to keep The Keshe Foundation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Keshe Foundation to a third party in settlement of a claim or dispute on the advice of The Keshe Foundation's legal advisers) incurred or suffered by The Keshe Foundation arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to The Keshe Foundation's other rights under these terms and conditions, if you breach these terms and conditions in any way, The Keshe Foundation may take such action as The Keshe Foundation deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The Keshe Foundation may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Keshe Foundation may transfer, sub-contract or otherwise deal with The Keshe Foundation's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

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. If any unlawful and/or unenforceable provision 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.

Entire agreement

These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and The Keshe Foundation in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

About these website terms and conditions

These website terms and conditions were made using a Contractology website terms and conditions template available at www.freenetlaw.com. Customers can purchase a wide range of commercial contracts from Contractology.com.

[Registrations and authorisations

[The Keshe Foundation is registered with [TRADE REGISTER]. You can find the online version of the register at [URL]. The Keshe Foundation's registration number is [NUMBER].]

[The Keshe Foundation is subject to [AUTHORISATION SCHEME], which is supervised by [SUPERVISORY AUTHORITY].]

[The Keshe Foundation is registered with [PROFESSIONAL BODY]. The Keshe Foundation's professional title is [TITLE] and it has been granted in [JURISDICTION]. The Keshe Foundation is subject to the [RULES] which can be found at [URL].]

[The Keshe Foundation subscribes to the following code[s] of conduct: [CODE(S) OF CONDUCT]. [These codes/this code] can be consulted electronically at [URL(S)].

[The Keshe Foundation's [TAX] number is [NUMBER].]]

The Keshe Foundation's details

The full name of The Keshe Foundation is [FULL NAME].

[The Keshe Foundation is registered in [JURISDICTION] under registration number [NUMBER].]

The Keshe Foundation's [registered] address is [ADDRESS].

You can contact The Keshe Foundation by email to [EMAIL].

 

 

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