Terms of service

OVERVIEW
This website is operated by Mama Ibado Charity. Throughout the site, the terms “we”, “us” and “our” refer to Mama Ibado Charity. Mama Ibado Charity offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Acceptance of Terms and Conditions

  • You will be deemed to have accepted these terms by viewing, accessing or using content on the Site which does not require.

  • We suggest that you print out and keep a copy of these terms for your records. In addition to these terms, there may be additional terms and conditions which apply to individual Services, which you will be required to accept when registering for that Service.

Use of the Site

  • In order to access or continue to content through the Site, you may be required to provide information about yourself (such as identification or contact details).You agree to provide true, accurate, current and complete 

  • You agree to use the Services only for purposes that are permitted by (1) these terms and conditions and (b)any applicable law or 

  • You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site) 

Prohibited Use of Site

  • By using this Site you agree not to: 

  • Copy, disclose, modify, reformat, distribute, license, transmit, sell perform, publish transfer, link to reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the content on the Site or any part thereof to third 

  • Include or create links (including deep-links) to or from the Site 

  • Replicate the Site or create a separate border around any part of the Site (also known as “framing”) 

  • Use the Site in breach of any law, regulation or code of practice invoked by the MIC Foundation 

  • Hack into, make excessive traffic demands, probe or port scan other computer, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the content available on the Site. 

  • Use the content available on the Site in any way which in our sole and absolute discretion consider objectionable, inappropriate, likely   to   injure   our   reputation or is otherwise unacceptable.

Intellectual Property Rights

  • All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, art work and other material or moving images) (“Content”) is either owned by us or has been licensed to us by the right’s owner(s) for use in the Site. You are only allowed to use the Content as set out in these terms.
    If you wish to use the Content for any other purpose other than reviewing it on the site, then you will be required to obtain the prior written permission of the owner of the rights in that material. All rights are expressly reserved. 

Having noted the above, you shall not be entitled in respect of any Content (wholly or partly): 

  • To pass it onto third parties or to allow third parties to access it unless and to the extent expressly permitted; or 

  • To change, edit, modify, reformat or adapt it in any other way. 

No Warranties

The information contained in this site may be out of date and/or may contain other errors or omissions. MIC provides the Content on the Site “as is” and makes no warranties of any kind, either express or implied with respect to the Service and/or the Content (including without limitation as regarding their satisfactory quality, freedom from viruses or other harmful components, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these terms. 

Hyperlinks and Third Party Sites

MIC disclaims any responsibility for the accuracy, content or availability of information found on sites that link to or from the Site. The inclusion of links on the Site to third parties Sites not controlled by us does not imply any endorsement by us of such sites and such any transaction you make with a third party flowing from such links is carried out entirely at your own risk, and we accept no liability for any losses that you may suffer as a result.

Liability

We shall not be liable for any loss of use, profits or data or any indirect, special or consequential damage or losses, whether such losses or damages arise in contract, negligence or tort including without limitation to the foregoing any losses in relation to:

  • Your use of, reliance upon, or inability to use Content;

  • The deletion with or without notice or cause of your data or information stored on the Site.

Indemnity by You

You irrevocably agree to indemnify us and any of third party providers (“together indemnified persons”) fully against and to hold the indemnified persons harmless on demand from all losses, costs, proceedings, damages, expenses (including reason able legal costs and expenses) or liabilities howsoever incurred by the indemnified persons as a result of any claim by a third party resulting from your use of the Site in breach or non‐observance of these terms. We shall notify you of any claim that we or any of the other indemnified persons receives, and you hereby agree to provide us and/or any of the indemnified persons with full authority to defend or settle such claims and shall provide us and/or any of the indemnified persons with all reasonable assistance necessary to defend such claims, at your sole expense

Data Protection & Privacy Policy

We are committed to protecting your personal data in compliance with the Data Protection Act, 2019, Laws of Kenya.


Any personal information collected through this website will be handled in accordance with applicable laws.

By using this website, you consent to the collection, processing, storage, and use of your personal data as outlined herein.

The types of personal data we may collect include:

  • Name, contact details, and email address (if voluntarily provided).

  • IP address and browsing behavior (collected automatically for website analytics).

  • Any other information you submit through online forms or correspondence.

 We do not sell, rent, or disclose your personal data to third parties, except where required by law or to fulfill a legitimate business purpose.

You have the right to:

  • Access and request a copy of your personal data.

  • Request correction or deletion of inaccurate or outdated data.

  • Withdraw consent for processing your data, where applicable.

General Conditions

MIC reserves the right to vary the terms and conditions regulating the use of the Site at any time without notice and by placing the revised terms and conditions on the MIC website 

THESE TERMS AND CONDITIONS SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF KENYA, AND ITS VALIDITY CONSTRUCTION AND EFFECTIVENESS SHALL BE GOVERNED AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF KENYA. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE REFERRED TO ARBITRATION BY THE KENYAN BRANCH OF THE CHARTERED INSTITUTE OF ARBITRATORS, IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION ACT, 1995 AND OR ANY OTHER STATUTORY MODIFICATIONS MADE THERETO

The failure by MIC to enforce at any time or for any period anyone or more of the terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions. 

No delay or failure by MIC shall constitute a breach or give rise to any claim for damages or loss of anticipated profits if such delay or failure is caused by force majeure. Force majeure shall mean an occurrence which is beyond and without fault or negligence of MIC affected and which MIC is unable to prevent or provide against by the exercises of reasonable diligence including, but not limited to, acts of God or of the public enemy, appropriation or confiscation of facilities, terrorists activity or other catastrophe he, strike or any other concerted acts of employees or other similar occurrences. 

You shall not assign these terms and conditions to a third party. Any unauthorized assignment or attempt to assign will automatically terminate this Service. MIC may assign these terms and conditions in whole or part to any third party at its discretion. 

You acknowledge and agree that in entering into this Agreement you do not rely on, shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions as a warranty. 

Nothing in this clause shall, however, operate to limit or exclude liability for fraud.

Suspension and Termination of the Service

  • We may suspend, vary or terminate your use of the Site without compensation for any period during which: 

  • MIC is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority; 

  • MIC reasonably suspects or believes that you are in breach of these terms and conditions; 

  • Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; 

  • In order to update or upgrade the contents or functionality of the Site from time to time; 

  • Upon any detection of abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Service; 

  • Where you remain inactive for any period of time chosen by us in our reasonable discretion or where we believe, in our sole and absolute discretion.

  • If we suspend your access to the Site to investigate or prevent a potential breach, the terms shall continue to apply during such period of suspension, and you shall remain liable for any charges payable by you during such period. 

  • If your access to the Site is terminated for any reason, then we may proceed to delete all information, emails and data that you have stored on the Site We therefore recommend that you save copies of all information that you wish to keep on another storage device apart from the Site. 

  • In the event that we decide to permanently withdraw the services, then we shall communicate this decision using such means as we shall deem appropriate. However, please remain aware that depending on the nature of the reason for the suspension, change or termination of the services it may not always be possible to give advance notice. Consequently, MIC shall not be liable to you for any ensuing loss or damages occasioned to you from such a suspension, change or termination. Termination shall, however, not affect the accrued rights and liabilities of either you or us. 

  • You may terminate your use of the Service/Site at any time by sending a message to the email address _____________________ from your account or following such other instructions as may be communicated on the website or contacting us, as set out above. 

MIC Email Terms and Conditions

  • By opening any email sent from MIC, the recipient is deemed to have read, understood and agreed to be bound by the terms and conditions provided below. 

  • The information in any email sent from MIC including any attachments is confidential and may be legally privileged. 

  • Emails sent from MIC are intended only for the use of the named addressee, If you are not the intended recipient please notify the sender and immediately delete the emails in question from your system. 

  • Emails are susceptible to alteration and their integrity cannot be guaranteed. MIC does not accept legal responsibility for the contents of any email that is found to have been altered or manipulated 

  • The contents and opinions expressed in any email sent from MIC are solely those of the author and do not necessarily represent those of MIC. MIC disclaims any liability to the fullest extent permissible by law for any consequences that may arise from the contents of any email sent from its systems including but not limited to personal opinions, malicious and/or defamatory information and data/codes that may compromise or damage the integrity of the recipient’s information technology systems. 

  • Unless expressly stated by a duly authorized officer of MIC nothing contained in any email message sent from MIC may be construed as being an offer to contract or an acceptance of an offer capable of constituting a contract between MIC and any recipient(s) of this email. 



Support a Senior 

Effective Date: [20/02/2025]

We believe in making a meaningful impact in the lives of seniors by providing essential support through our Support a Senior program. This initiative allows donors to support one or multiple seniors through a one-time contribution or an annual contribution, ensuring they receive vital assistance.

Support Options

  1. One-Time Support

    • A single, non-recurring contribution.

    • The donation is processed immediately and goes directly toward the senior’s needs.

  2. Annual Support

    • A one-time annual contribution that covers the senior’s needs for the entire year.

    • The full amount is deducted at once using the selected payment method.

Payment Methods

Donations can be made securely through:
✔ Mobile Money (M-Pesa)
✔ Credit/Debit Cards (Visa, Mastercard)
✔ Other payment options as listed at checkout

Remittance & Allocation of Support

  • Support will be allocated only upon successful remittance of the contribution.

  • The donor must provide accurate contact information (email and phone number) to facilitate confirmation and updates regarding the supported senior(s).

  • Failure to provide correct details may result in delays or inability to allocate the support.

Acknowledgment & Impact Updates

  • Once the support is processed, donors will receive a confirmation receipt via email.

  • Donors may receive periodic updates on how their contribution is making a difference.

For any inquiries regarding the Support a Senior program, please contact us at websiteke@mamaibado.org


 Shop Transaction, 

  • Items purchased from our shop support our charitable activities. All sales are final except in cases of defective or incorrect items.

  • Prices during checkout will include applicable taxes.

Payment information is securely processed by third-party providers;

Return & Refund Policy

Returns

  1. Eligibility for Returns

    • We do not offer returns.

  2. Non-Returnable Items

    • Perishable goods (e.g., vegetables).

Refunds

  • In the event we run out of stock and cannot fulfil an order refunds will be effected.

  • If approved, the refund will be processed 3 days to your original payment method.

  • Shipping fees are non-refundable.

Exchanges

  • We do not offer exchanges.

Late or Missing Refunds

  • If you haven’t received your refund, check your bank account and contact your payment provider.

  • If the issue persists, contact us at websiteke@mamaibado.org

For further inquiries, reach out to us at websiteke@mamaibado.org

Shipping Policy

Shipping Locations

  • We currently ship within Nairobi - Kenya only.

Shipping Methods & Delivery Times

  • Standard Delivery: 3-7 business days – KES 400

Shipping Fees

  • Shipping costs are standard charged at KES 400 or as per third party 

Order Processing

  • Orders are processed within 2 business days after payment confirmation.

  • Orders placed on weekends/public holidays will be processed on the next business day.

Tracking & Delivery

  • Once shipped, you will receive a tracking number via email

  • Ensure the correct delivery address is provided. We are not responsible for undeliverable packages due to incorrect addresses.

Delays & Issues

  • Delivery times may be affected by factors beyond our control, such as weather.

  • If your order is delayed beyond the estimated time, contact us at websiteke@mamaibado.org

Damaged or Lost Packages

  • If your package arrives damaged, contact us within 3 days with photos.

  • If your order is lost, we will investigate and provide a replacement or refund.

For any shipping-related inquiries, contact us at websiteke@mamaibado.org



SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at websiteke@mamaibado.org.
Our contact information is posted below:
[Mama Ibado Charity] 
websiteke@mamaibado.org
[Mirage Tower 2, 11th Floor Waiyaki Way, Off Chiromo Road] 
[+254-706-566-960]