Terms of Service

1. About MwalimuCare Foundation

MwalimuCare Foundation ("we," "our," or "the Foundation") is a legally registered non-profit organization in Kenya, operating under the Public Benefit Organizations Act, 2013 (PBO Act) — which came into full effect on 14 May 2024 — and governed by the Public Benefit Organizations Regulatory Authority (PBORA). Our mission is to support Kenya's public school teachers through mental wellness, financial literacy, life skills, and leadership development programmes.

Our registered address is Nairobi, Kenya. You can contact us at mwalimucarefoundation@gmail.com or +254 729 368 307.

2. Acceptance of These Terms

By accessing or using our website at www.mwalimucarefoundation.org, submitting our forms, making a donation, or participating in any of our programmes, you confirm that you:

• Are at least 18 years of age, or have the consent of a parent or legal guardian
• Have read and understood these Terms of Service
• Agree to be legally bound by these terms

If you do not agree to these terms, please discontinue use of our website and services immediately.

3. Our Programmes and Services

MwalimuCare Foundation provides the following services to Kenya's public school teachers:

• Mental health support — group psychoeducation, individual counselling, crisis support, and stress management
• Personal finance coaching — budgeting, debt management, savings, and retirement planning
• Life skills training — communication, resilience, self-care, and work-life balance
• Leadership and mentorship — transformational leadership training and peer mentorship groups
• Additional components — wellness retreats, digital wellness resources, wellness toolkits, and county-level support chapters

Access to specific programmes may be subject to eligibility criteria, availability, or formal referral by a school or county education authority. We reserve the right to prioritize under-served or crisis-affected schools and regions.

5. Donations

Donations made through our website are processed securely by Paystack, a PCI-DSS compliant payment processor. By making a donation, you agree to the following:

• All donations are voluntary and made in support of MwalimuCare Foundation's public benefit purposes
• Donations are generally non-refundable, except where required by Kenyan consumer protection law or where a demonstrable payment error has occurred — contact us within 48 hours of the transaction if this applies
• For recurring (monthly or annual) donations, you authorize Paystack to charge your payment method on the agreed schedule — you may cancel at any time via the link in your Paystack confirmation email
• We will issue a donation confirmation to the email address you provide — this may be used for tax deduction purposes where applicable under the Income Tax Act (Cap. 470)
• We will not use your payment information for any purpose other than processing your donation
• We reserve the right to refuse or return a donation at our discretion, particularly if acceptance would conflict with our values or legal obligations

6. Contact Form Submissions

When you submit our contact form, you consent to MwalimuCare Foundation using the information you provide to:

• Respond to your enquiry, request, or referral
• Connect you with relevant programmes or personnel
• Follow up where necessary to fulfil your request

We will not use contact form data for unrelated marketing or share it with third parties without your consent. Your data will be handled in accordance with our Privacy Policy.

7. Intellectual Property

All content on this website — including text, programme materials, logos, photographs, videos, graphics, and design — is owned by or licensed to MwalimuCare Foundation and protected under the Kenya Copyright Act (Cap. 130).

You may:

• Share or reproduce content for personal, educational, or non-commercial purposes, provided you give clear credit to "MwalimuCare Foundation" and include a link to our website
• Print or download content for offline personal reference

You may not:

• Use our content for commercial purposes without our prior written consent
• Modify, adapt, or create derivative works based on our content
• Use our name, logo, or branding in a way that implies endorsement without our written permission
• Reproduce our content in bulk, in other publications, or on other websites without a written license from us

To request permission for any use not covered above, email mwalimucarefoundation@gmail.com.

8. Acceptable Use

When using our website or services, you agree not to:

• Submit false, misleading, or fraudulent information through any of our forms
• Impersonate any person, teacher, school, or organization
• Attempt to gain unauthorized access to our systems, servers, or databases
• Use our website to transmit spam, malware, or any harmful or unlawful content
• Interfere with or disrupt the operation of our website or services
• Use our platforms or branding for unauthorized commercial, political, or promotional purposes
• Engage in any conduct that violates Kenyan law, including the Computer Misuse and CyberCrimes Act, 2018

Violations may result in restriction or termination of your access to our services and, where appropriate, referral to the relevant Kenyan authorities.

9. Third-Party Links and Services

Our website may contain links to external websites or resources, including Paystack, county education authority websites, and partner organizations. These links are provided for your convenience only.

MwalimuCare Foundation does not control external websites and is not responsible for their content, availability, privacy practices, or accuracy. Clicking an external link is at your own risk. We encourage you to read the privacy policy of any external site you visit.

10. Limitation of Liability

To the fullest extent permitted by Kenyan law, MwalimuCare Foundation, its directors, staff, volunteers, and contractors shall not be liable for:

• Any indirect, incidental, or consequential damages arising from your use of or inability to use our website or services
• Inaccuracies or errors in website content, where we have taken reasonable steps to ensure accuracy
• Outcomes of participation in our wellness programmes where those outcomes depend on individual circumstances beyond our control
• Disruptions to website availability due to maintenance, technical failures, or circumstances beyond our reasonable control

Nothing in these terms limits our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded under Kenyan law.

11. Governing Law and Disputes

These Terms of Service are governed by and construed in accordance with the laws of Kenya, including the Public Benefit Organizations Act 2013 (effective May 2024), the Kenya Data Protection Act 2019, and other applicable Kenyan statutes.

Any dispute arising from or relating to these terms or your use of our website shall first be referred to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Kenya, unless otherwise required by applicable law.

12. Changes to These Terms

We may update these Terms of Service at any time to reflect changes in our services, applicable law, or operational requirements. When we make material changes, we will update the "Last updated" date at the top of this page.

Your continued use of our website or services after updated terms are posted constitutes your acceptance of the revised terms. If you do not agree with the updated terms, please discontinue use of our services and contact us to discuss your situation.