1. Introduction and Legal Entity
The Harlin Foundation (referred to as "the Foundation," "we," "us," or "our") is a charitable organization registered with the Office of the Registrar of Companies in Ghana under registration number CG005190125. Our registered office is located at UNN Hse, Gbawe Lafa near CBG Bank, New Gbawe, Ga South, Greater Accra, Ghana.
These Terms of Service ("Terms") govern your access to and use of our website, donation platform, account services, and all related digital services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
For any questions regarding these Terms, you may contact us at harlinfoundation@gmail.com or by phone at +233 24 440 4440.
2. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and The Harlin Foundation.
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance will be deemed acceptance by that organization.
3. Eligibility and Account Creation
To create an account or use certain features of our Services, you must be at least 18 years of age. If you are between the ages of 13 and 18, you may only use our Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your information to keep it accurate
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account at harlinfoundation@gmail.com
We reserve the right to suspend or terminate any account at our sole discretion, without notice, for conduct that violates these Terms or is otherwise harmful to our organization, other users, or third parties.
4. Donations
4.1 One-Time Donations
All one-time donations made through our website are considered final and non-refundable, unless a processing error has occurred. If you believe an error has been made, please contact us within 14 days of the transaction date at harlinfoundation@gmail.com.
4.2 Recurring Donations
When you set up a recurring donation, you authorize the Foundation to charge your designated payment method on the schedule you select (monthly, quarterly, or annually). Recurring donations will continue until you cancel them. You may cancel your recurring donation at any time by logging into your account, contacting us at harlinfoundation@gmail.com, or through the link provided in your donation confirmation emails. Cancellations will take effect on the next billing cycle; no refunds will be issued for prior charges.
4.3 Payment Processing
All donations are processed through secure third-party payment processors. We do not store or have access to your full payment card details. You agree to provide current, complete, and accurate payment information. We reserve the right to refuse or return any donation at our sole discretion.
4.4 Tax Receipts
Donations may be eligible for tax deductions in accordance with applicable laws. You will receive an electronic receipt for your donation, which you should retain for tax purposes. It is your responsibility to determine the tax deductibility of your donation in your jurisdiction.
5. User Responsibilities and Prohibited Activities
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use our Services in any way that violates applicable local, national, or international laws or regulations
- Attempt to gain unauthorized access to any portion of our Services, accounts, or systems
- Transmit any viruses, malware, or other harmful code
- Harass, abuse, or harm another person
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
- Engage in any fraudulent activity, including but not limited to using stolen payment methods for donations
- Interfere with or disrupt the operation of our Services
- Collect or store personal data about other users without their consent
- Use our Services for any commercial purpose without our express written consent
6. Third-Party Services
Our Services may integrate with or contain links to third-party websites, applications, and services. These third-party services are not owned or controlled by The Harlin Foundation. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.
We currently use the following third-party service providers:
- Payment processing services (Stripe, PayPal)
- Email communication services
- Analytics services (Google Analytics)
- Hosting services (Netlify)
7. Intellectual Property
All content on our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of The Harlin Foundation or its content suppliers and is protected by Ghanaian and international copyright laws. The compilation of all content on this site is the exclusive property of The Harlin Foundation.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from our Services without our prior written consent. You may, however, share links to our content for non-commercial, informational purposes, provided you give appropriate attribution.
8. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy.
We comply with applicable data protection laws, including the Ghana Data Protection Act, 2012 (Act 843) and, for users in the United Kingdom, the UK General Data Protection Regulation (UK GDPR).
9. Limitation of Liability
To the maximum extent permitted by applicable law, The Harlin Foundation and its trustees, officers, employees, agents, and volunteers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use our Services
- Any conduct or content of any third party on our Services
- Unauthorized access, use, or alteration of your transmissions or content
- Donation processing errors or delays
- Any other matter relating to our Services
Our total liability to you for any claims arising out of or relating to these Terms or your use of our Services shall not exceed the total amount of donations you have made to us in the twelve months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless The Harlin Foundation, its trustees, officers, employees, agents, and volunteers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of any applicable law or regulation
11. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you may simply discontinue using our Services or contact us at harlinfoundation@gmail.com to request account deletion.
Sections that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana. For users accessing our Services from the United Kingdom, the laws of England and Wales shall also apply to the extent required by applicable law. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ghana, provided that users in the United Kingdom may bring claims in the courts of England and Wales where required by law.
13. Dispute Resolution
Before initiating any legal proceedings, you agree to first contact us at harlinfoundation@gmail.com to attempt to resolve the dispute informally. If the dispute cannot be resolved through informal negotiation within 30 days, both parties agree to attempt to resolve the dispute through binding mediation administered by the Ghana Arbitration Centre or a mutually agreed mediator.
Any legal action arising out of or relating to these Terms or your use of our Services shall be brought exclusively in the courts of the Republic of Ghana, unless you are a user in the United Kingdom where you may bring claims in your local courts where required by law. You agree to waive any right to a trial by jury.
14. Force Majeure
The Harlin Foundation shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes outside its reasonable control, including but not limited to natural disasters, acts of war, terrorism, civil unrest, government actions, internet outages, or failure of third-party service providers.
15. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through our website or by email. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.
The "Last Updated" date at the top of these Terms indicates when the most recent changes were made.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Harlin Foundation regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.
18. Contact Information
If you have any questions about these Terms, please contact us:
By Mail:
Harlin Foundation, UNN Hse, Gbawe Lafa near CBG Bank, New Gbawe, Ga South, Greater Accra, Ghana
By Email: harlinfoundation@gmail.com
By Phone: +233 24 440 4440