Silent Stones Ministries

Terms & Conditions
Silent Stones operates www.silentstones.org (the “Website”) and its associated services. These core terms of service (together the “Terms of Service”) govern your use of the Website and its associated services. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services.About the good causes and organizations featured on the WebsiteThe Website and its associated services allows you to donate to, any of the causes listed on the Website (“Causes”) which could include non-charitable good causes referred to on the Website as Silent Stones Projects and other listed organizations. Every Cause featured has a contractual agreement with Silent Stones authorizing Silent Stones to collect donations and effect payments on its behalf. Causes listed on this Website are at Silent Stones’ discretion, and are actively promoted by Silent Stones. DonationsIn relation to Silent Stones Crowdfunding, Silent Stones will charge your donation to your payment card account (or other payment method available on the Website) at the time of donating. Subject to the requirements of applicable local laws, and what we say below in relation to Silent Stones Crowdfunding, once your donation is made, it will only be refunded to you:After it has fully cleared into the accounts of Silent Stones Alliance LLP;With the prior written consent of the Cause to whom it has been made, regardless of whether or not the donation had been paid to the Cause by Silent Stones;Within seven (7) days of receiving your written request and subject to the above, we will refund your donation to your payment method (normally within a few working days); andRefund shall be based on the amount cleared in the account of Silent Stones Alliance LLP and shall be less any transaction, processing and handling fees for inward and outward transactions.Use of your donationExcept where a specific cause is selected, Silent Stones does not warrant that your donations will be used for any particular cause and shall not be responsible for any dissatisfaction you may have regarding the recipient of any donation you may make through the Website or its associated services or websites powered by.Silent Stones (or any payments platform we work with) will verify the identity of all causes and undertake any other necessary checks before any cause is listed on Silent Stones Website.Silent Stones feesSilent Stones is charged third party transaction, processing and handling fees on every donation made on the Website or its associated services. The fee is currently up to 5% of the gross donation. Silent Stones reserves the right to retain up to 10% of all donations to cover administration fees in the pursuance of proper use of the donated funds.Unauthorized donationsWhen you make a donation the transaction is final and not disputable unless unauthorized use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal or M-Pesa, you should contact the provider of that payment method for assistance.Silent Stones will never email or phone you and ask you to provide all of your payment details.Protecting your passwordWhen you register with Silent Stones and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorized use of your password, we recommend that you change your password immediately or call our helpdesk on the telephone number set out on the Contact Us page.Silent Stones shall not request you for your password for PayPal, M-Pesa or any other personal account details. You are responsible for maintaining the confidentiality of your password, so please protect and secure your personal account passwords and/ or details.InformationSilent Stones is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a donation to a Cause. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.Support and Donation AcknowledgementsSilent Stones will: Send prompt email acknowledgements to donors in respect of each donation made to the Silent Stones Crowdfunding page via the Website; and Respond, either by email or telephone as appropriate, on your behalf to donors’ account enquiries received by Silent Stones, in accordance with the Contact Us page on the Website.Registration of Personal InformationWhen you register with Silent Stones you have fill out all the fields with personal data which Silent Stones shall or may use it to: identify you whenever you log-in to the site. Note: Please avoid sharing your password.publicize you as a believer in Jesus Christ having declared it of your own free will and with willingnes to profess it openly with othersThis is in line with the Bible (Like 9:26) which states that Jesus said: Whoever is ashamed of me and my words, the Son of Man will be ashamed of them when he comes in his glory and in the glory of the Father and of the holy angels.verify your identity and in teh event tht it is found incorrect Silent Stones shall proceed to de-register you from the site.For the avoidance of doubt, please do not register on any of the Silent Stones websites if you are not willing to have your information decalsred publicly.Silent Stones shall not request you for your password for PayPal, M-Pesa or any other personal account details. You are responsible for maintaining the confidentiality of your password, so please protect and secure your personal account passwords and/ or details.Silent Stones will not sell, trade or rent Personal Information to third parties. ComplianceSilent Stones will comply at all times with all applicable laws relevant to fund-raising and any authority, licence, permit or registration requirements, as amended from time to time; andSilent Stones may, at its sole discretion, evaluate your the underlying project or cause and decide whether or not to host it on the Website. PrivacySilent Stones’ Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. Read our Privacy Policy here.User conductYou must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. Silent Stones does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at help@Silentstones.org.If you build a fundraising page on Silent Stones, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, in particular the picture(s), photograph(s) and any video(s), is not copyright-protected. If it is, you must obtain the copyright owner’s written consent to use it. Silent Stones reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or Silent Stones Crowdfunding pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at  help@Silentstones.org.Other than in relation to your own Silent Stones fundraising page or Silent Stones Crowdfunding page, you may not remove or change anything on the Website.In addition, you as a user must not:misrepresent your identity or affiliation with any other person or organisation;use the Website to send junk email or ‘spam’ to people who do not wish to receive email from you;use the Website to conduct, display or forward surveys, pyramid schemes or chain letters;  use the Website to conduct, display or forward raffles, lotteries or contests, unless you have obtained any necessary licence or permission and you comply with all applicable laws;interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Silent Stones systems; ordisclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.Silent Stones reserves the right to cancel your membership and delete any Silent Stones page without notice in the event of a breach of the above rules. Silent Stones may also suspend or delete a Silent Stones project if the relevant cause is no longer receiving donations via Silent Stones.Building a Silent Stones page in aid of a Cause in no way implies Silent Stones’s or the Cause’s endorsement of your fundraising activity. Many Causes disapprove of, and do not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with the Cause first that your chosen activity does not contravene the Cause’s policies. Silent Stones reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause, in the event that the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.LinksThe Website and its associated services contains links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other people or organisations through their websites or otherwise are your own responsibility.Partner ServicesSilent Stones may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.TrademarksThe names Silent Stones, Silent Stones Crowdfunding and Silentstones.org, the Silent Stones logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not Silent Stones’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Silent Stones. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, Silent Stones Crowdfunding pages or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Silent Stones and the trade mark owner.CopyrightAll content on the Website and its associated services is owned by Silent Stones, our member charities, Silent Stones Crowdfunding page creators or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website’s and its associated services’ content is permitted without the express prior permission of Silent Stones, and, where applicable, the copyright holder. By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms of Service), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these terms, or which is based on or derived from any such data. Silent Stones may take any measures it sees fit to block access to the Website and its associated services where it believes that these terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these terms, damages may be an inadequate remedy and Silent Stones shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. Silent Stones may also request that you destroy any data you have gathered or extracted in breach of these terms and you agree that you will comply with such request promptly and certify the same.Inquiries and permission requests may be sent to help@Silentstones.org.Changes to the serviceSilent Stones will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service. Silent Stones reserves its right to remove inactive fundraising or crowdfunding pages from the Website and other services. Failure to comply with these Terms of ServiceIn the event that you commit a breach of these Terms of Service Silent Stones reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.TerminationYou may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.Disclaimer and Limitation of LiabilitySilent Stones does not, and nothing in these Terms of Service shall act to, exclude or limit Silent Stones’ liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the Website and its associated services is at your sole risk. Silent Stones does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, Silent Stones does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Silent Stones shall undertake general maintenance and upkeep of the Website, usually at the times set out in the applicable country specific terms, from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.Silent Stones shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by Silent Stones’ breach of these Terms of Service or Silent Stones’ negligence. Silent Stones’ total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to Silent Stones’ liability arose.Any liability Silent Stones may have to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.Silent Stones may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you are looking at the most up to date version of the Website, including the latest version of these Terms of Service.Nothing in these Terms of Service excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.Third party rightsA person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.Governing law These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by Kenya law and are subject to the non-exclusive jurisdiction of the courts in the Republic of Kenya.The local Silent Stones entity and the company who provides the service to you is Silent Stones Alliance LLP, whose registered office is at Kandara Rd, Kileleshwa, Nairobi, Kenya. User conductyou, as a user of the Website, must not provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by the donor, unless you have obtained any necessary licence or permission, you comply with all applicable laws, and your fundraising page makes clear to donors that they cannot claim Gift Aid on their donation as it is in return for something.Silent Stones fees – All payments referred to in these Terms of Service are exclusive of Value Added Tax, where applicable.Disclaimer and Limitation of Liability – The times at which Silent Stones shall undertake general maintenance and upkeep of the Website will usually be between 12.00am and 08.00 hours (GMT) at the weekends.Support and Donation AcknowledgementsSilent Stones will: Send prompt email acknowledgements to donors in respect of each donation made to the Silent Stones Crowdfunding page via the Website; andRespond, either by email or telephone as appropriate, on your behalf to donors’ account enquiries received by Silent Stones, in accordance with the Contact Us page on the Website.Compliance Silent Stones will comply at all times with all applicable laws relevant to fund-raising and any authority, licence, permit or registration requirements, as amended from time to time; andSilent Stones may, at its sole discretion, evaluate the underlying project or cause and decide whether or not to host it on the Website. IntermediarySilent Stones, as operator of the Website and associated services, acts as an intermediary between you and the individual users of the Website and associated services and, whilst the individual user information resides on the Website or associated services, Silent Stones does not check or exercise any editorial control over the content of such information, save as required by applicable laws. In the event that Silent Stones is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, Silent Stones shall act to remove or disable access to the information. Silent Stones shall not be liable to you or anyone as a result of its role as intermediary.FeesIn consideration of using the Website and associated services, you shall pay a transaction fee to Silent Stones of 10% of the gross amount of every donation.Silent Stones is, subject to applicable laws, hereby authorized to deduct the transaction fee together with applicable taxes and payment processing charges from the donations provided to you under these Terms of Service.Disclaimer and Limitation of LiabilityNotwithstanding the provisions of the “Disclaimer and Limitation of Liability” section of the core Terms of Service, Silent Stones’s total liability to you arising under or in connection with these Terms of Service, so far as such liability arises out of or relates to your creation and/or use of a Silent Stones Crowdfunding page, shall be limited to the total fees paid by you to Silent Stones under these Terms of Service for your use of the Website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.Confidential Information During the funding period of your Silent Stones Crowdfunding page and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party’s prior written consent, except where required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body. This paragraph shall survive termination of these Terms of Service.TerminationSilent Stones reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services, including for example by removing any Silent Stones Crowdfunding page from the Website. Silent Stones will only exercise this right where there is a breach or suspected breach by you of these Terms of Service (including where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services) or where Silent Stones has any other legitimate reason to do so. These Terms of Service shall terminate automatically upon the removal by you or Silent Stones of your Silent Stones Crowdfunding page from the Website. These Terms of Service will continue to apply to past use by you.Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by Silent Stones will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where Silent Stones conducts an investigation regarding your use of the Website and associated services and Silent Stones may decide to refuse to pay funds across to you where you have breached these Terms of Service or your Silent Stones Crowdfunding page has been removed. In such circumstances Silent Stones may authorise a refund of donations to donors. Last Updated: 26th October 2016