Terms of Service

Last updated: November 3, 2026

Welcome to the Tom Nthiwa Foundation ("we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website, donation services, volunteer programs, and any related content (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

1. About the Foundation

The Tom Nthiwa Foundation is a registered non-profit organization dedicated to community empowerment, education, and sustainable development initiatives. Our registered office is in Kenya. Contact details are provided in the footer of this website.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to make donations or enter into binding obligations with us. Minors may use the site for informational purposes under the supervision of a parent or guardian.

3. Use of the Services

You agree not to:

  • Use the Services for any unlawful purpose or in violation of these Terms;
  • Attempt to gain unauthorized access to our systems or interfere with their operation;
  • Submit false, misleading, or fraudulent information (including in donation or volunteer forms);
  • Reproduce, distribute, or commercially exploit our content without prior written permission;
  • Upload malicious code, spam, or content that is defamatory, obscene, or infringing.

4. Donations

All donations are voluntary and, unless required by law, are non-refundable. Donations are processed by third-party payment providers, and their terms and privacy policies also apply. We reserve the right to decline or refund a donation at our discretion, including in cases of suspected fraud or error.

Where tax-deductible receipts are available, we will issue them in accordance with applicable law. You are responsible for confirming your own eligibility for any tax benefits.

5. Volunteer Programs

Participation in volunteer activities is subject to separate agreements, codes of conduct, and, where applicable, background checks. Volunteers participate at their own risk and are expected to comply with all on-site safety instructions.

6. Intellectual Property

All content on this site — including text, logos, images, and design — is owned by or licensed to the Tom Nthiwa Foundation and is protected by copyright and trademark law. You may share links and short excerpts for non-commercial purposes with attribution. Any other use requires written permission.

7. Third-Party Links

The Services may contain links to third-party websites. We do not control and are not responsible for their content, policies, or practices.

8. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

9. Limitation of Liability

To the maximum extent permitted by law, the Tom Nthiwa Foundation and its officers, directors, employees, and volunteers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services. Our total liability for any claim shall not exceed the greater of (a) the amount you donated to us in the twelve months preceding the claim, or (b) KES 5,000.

10. Indemnification

You agree to indemnify and hold harmless the Tom Nthiwa Foundation from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms or misuse of the Services.

11. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised "Last updated" date. Continued use of the Services after changes take effect constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any dispute shall be subject to the exclusive jurisdiction of the courts of Kenya, without prejudice to any mandatory consumer protections in your country of residence.

13. Contact

Questions about these Terms? Email us at info@tnf-ke.org.