Agreement Conditions
Introduction
The Terms delineate the basis for the Agreement you enter into whenever — and wherever — you commence or continue any conduct or service relating in any way, directly or indirectly, to The Ikoku Foundations. Please, therefore, take the time to read what follows carefully.
Your Terms Agreements
Section 3.1.0. First, with respect to the Conditions and Terms you enter into via your Agreement with the Codes and Policies, you understand and agree to abide by the following:
Your Terms Understandings
Section 3.2.0. Second, with respect to your understandings of the Conditions and Terms of Conduct and Service, you covenant, represent, and warrant the following:
Your Terms Commitments
Section 3.3.0. Third, with respect to your commitments to the Conditions and Terms of Conduct and Service, you understand and agree to abide by the following:
Agreement Definitions
Provision
Provided below are definitions of terms used for the purposes of the Codes and Policies and the Agreement you may enter into with The Ikoku Foundations.
I — Basic Definitions
‘The Ikoku Foundations’
— 3.5.0. reference to and use of the term “The Ikoku Foundations” mean and refer only and specifically to:
‘Founder’ and ‘Controller’
— 3.6.0. reference to and use of the terms “Founder,” “Manager,” “Member,” and “Controller” mean and refer only and specifically to:
‘Products,’ ‘Services,’ ‘Sites’
— 3.7.0. reference to and use of the terms “Products” and “Services” mean and refer only and specifically to:
‘We,’ ‘Our,’ ‘Us’
— 3.8.0. reference to and use of the terms “we,” “our” and “us” mean and refer only and specifically to:
‘You,’ ‘User,’ ‘Visitor’
— 3.9.0. reference to and use of the terms “you,” “your,” “user,” and “visiter” mean and refer only and specifically to:
II — Further Definitions
— Always Operative, Standing
— 3.10.0. always operative and standing in the reference to and use of a given term or terms are the following clauses:
— A
‘Act’ and ‘Activity’
— 3.10.1.1. reference to and use of the terms “act” and “activity” are employed interchangeably and mean and refer only and specifically to:
‘Administration’ and ‘Administrative’
— 3.10.1.2. reference to and use of the terms “administration” and “administrative” mean and refer only and specifically to:
— 3.10.1.3. and reference to and use of the term “The Ikoku Foundations Administration” mean and refer only and specifically to:
‘Affiliate’ and ‘Affiliation’
— 3.10.1.4. reference to and use of the terms “affiliate” and “affiliation” mean and refer only and specifically to:
‘Agent’
— 3.10.1.5. reference to and use of the term “agent” mean and refer only and specifically to:
‘Agreement’
— 3.10.1.6. reference to and use of the term “agreement” mean and refer only and specifically to:
‘Applicable Law, Regulation’
— 3.10.1.7. reference to and use of the terms “applicable law” and “applicable regulation” mean and refer only and specifically to:
‘Appointee’ and ‘Appointment’
— 3.10.1.8. reference to and use of the terms “appointee” and “appointment” mean and refer only and specifically to:
‘Arguably’ and ‘Clearly’
— 3.10.1.9. reference to and use of the terms “arguably,” in the context of phrases such as “arguably lawful or unlawful” and their equivalent, mean and refer only and specifically to:
— 3.10.1.10. reference to and use of the terms “clearly,” in the context of phrases such as “clearly lawful or unlawful” and their equivalent, mean and refer only and specifically to:
‘Authorization’ and ‘Authorized’
— 3.10.1.11. reference to and use of the terms “authorization,” “authorize,” and “authorized” mean and refer only and specifically to:
— B
‘Being,’ ‘Body,’ ‘Brain’
— 3.10.2.1. reference to and use of the terms “being,” “body,” and “brain” (entailing “mind”) mean and refer only and specifically to:
‘Beneficiaries’ and ‘Communities’
— 3.10.2.2. reference to and use of the terms “beneficiaries,” “communities,” and “publics” mean and refer only and specifically to:
‘Benign’
— 3.10.2.3. reference to and use of the term “benign” mean and refer only and specifically to:
‘Books’ and ‘Documents’
— 3.10.2.4. reference to and use of the terms “books” (entailing “records”) and “documents” (entailing “instruments”) mean and refer only and specifically to:
— C
‘Certificate of Formation’
— 3.10.3.1. reference to and use of the term “certificate of formation” mean and refer only and specifically to:
‘Charge,’ ‘Fee,’ ‘Subscription’
— 3.10.3.2. reference to and use of the terms “charge,” “fee,” and “subscription” mean and refer only and specifically to:
‘Charity’ and ‘Philanthropy’
— 3.10.3.3. reference to and use of the terms “charity,” “nonprofit,” “philanthropy,” and “public benefit” as well as “charitable” and “philanthropic” mean and refer only and specifically to:
‘Civil Liberty, Right’
— 3.10.3.4. reference to and use of the terms “civil liberty” and “civil right” mean and refer only and specifically to:
‘Clinical, Research Trial’
— 3.10.3.5. reference to and use of the terms “clinical trial” and “research trial”mean and refer only and specifically to:
‘Codes’ and ‘Policies’
— 3.10.3.6. reference to and use of the terms “codes” and “policies” mean and refer only and specifically to:
‘Communication, Electronic’
— 3.10.3.7. reference to and use of the terms “communication” and “electronic communication,” including “electronic mail” and “electronic messaging,” mean and refer only and specifically to:
‘Confidential’ and ‘Confidentiality’
— 3.10.3.8. reference to and use of the terms “confidential” and “confidentiality” mean and refer only and specifically to:
‘Consent’ and ‘Consented’
— 3.10.3.9. reference to and use of the terms “consent” and “consented” mean and refer only and specifically to:
‘Contract’ and ‘Contractor’
— 3.10.3.10. reference to and use of the terms “contract,” “contractee,” and “contractor” mean and refer only and specifically to:
— D
‘Data Aggregation’
— 3.10.4.1. reference to and use of the terms “data aggregation” and “aggregated data” mean and refer only and specifically to:
‘Data Review Board’
— 3.10.4.2. reference to and use of the term “data review board” (also the “DRB”) mean and refer only and specifically to:
‘Decision’ and ‘Decision-Making’
— 3.10.4.3. reference to and use of the terms “decision” and “decision-making” mean and refer only and specifically to:
‘De-identification’
— 3.10.4.4. reference to and use of the terms “de-identification,” “de-identifying,” and “de-identified” mean and refer only and specifically to:
— E
‘Employee’ and ‘Employment’
— 3.10.5.1. reference to and use of the terms “employee” and “employment” mean and refer only and specifically to:
‘Executive’ and ‘Officer’
— 3.10.5.2. reference to and use of the terms “executive” and “officer” mean and refer only and specifically to:
— F
‘Fiduciary,’ ‘Director,’ ‘Trustee’
— 3.10.6.1. reference to and use of the terms “fiduciary,” “director,” and “trustee” mean and refer only and specifically to:
‘Founder’ and ‘Controller’
— 3.10.6.2. reference to and use of the terms “founder” and “owner” mean and refer only and specifically to:
— G
‘Government, Judicial Review’
— 3.10.7.1. reference to and use of the terms “government review” and “judicial review” mean and refer only and specifically to:
— H
‘Harm’ and ‘Hazard’
— 3.10.8.1. reference to and use of the term “harm” and “hazard” (entailing associated concerns for “safety” and “sustainability”) mean and refer only and specifically to:
‘Health Care Operations’
— 3.10.8.2. reference to and use of the term “health care operations” mean and refer only and specifically to:
‘Human Subject’
— 3.10.8.3. reference to and use of the terms “human subject,” “human subject under study,” and “human subject concerned” mean and refer only and specifically to:
— I
‘Identification’ and ‘Identifier’
— 3.10.9.1. reference to and use of the terms “identification,” “identifiable,” “identified,” “identifier,” and “identifying” mean and refer only and specifically to:
‘Informed’ and ‘Informing’
— 3.10.9.2. reference to and use of the terms “informed” and “informing” mean and refer only and specifically to:
‘Infringement’ and ‘Violation’
— 3.10.9.3. reference to and use of the terms “infringement” and “violation” are employed interchangeably and mean and refer only and specifically to:
‘Intellectual Property’
— 3.10.9.4. reference to and use of the term “intellectual property” mean and refer only and specifically to:
‘Interaction, Research’
— 3.10.9.5. reference to and use of the term “interaction” mean and refer only and specifically to:
‘Interest-, Share-, Stockholder’
— 3.10.9.6. reference to and use of the terms “interest-holder,” “shareholder,” “stakeholder,” and “stockholder” mean and refer only and specifically to:
‘Intern’ and ‘Volunteer’
— 3.10.9.7. reference to and use of the terms “intern” and “volunteer” mean and refer only and specifically to:
‘Intervention, Research’
— 3.10.9.8. reference to and use of the term “intervention” mean and refer only and specifically to:
— (a) procedures by which biospecimens, data, or information are accessed, gathered or otherwise processed; and
— (b) manipulations of a human subject or a human subject’s environment that are performed for research or investigation purposes or as part of activity determined to constitute research or investigation;
‘Irreversible Anonymization’
— 3.10.9.9. reference to and use of the terms “irreversible anonymization,” “anonymization,” and “anonymized” mean and refer only and specifically to:
— L
‘License’ and ‘Licensee’
— 3.10.12.1. reference to and use of the terms “license,” “licensee,” and “licensor” mean and refer only and specifically to:
— M
‘Manager’ and ‘Member’
— 3.10.13.1. reference to and use of the terms “manager” and “member” mean and refer only and specifically to:
‘Meeting’
— 3.10.13.2. reference to and use of the term “meeting” mean and refer only and specifically to:
‘Minimal Risk’
— 3.10.13.3. reference to and use of the term “minimal risk” mean and refer only and specifically to:
— N
‘Non-Identification’
— 3.10.14.1. reference to and use of the terms “non-identification” and “non-identifying” mean and refer only and specifically to:
‘Notice’ and ‘Notification’
— 3.10.14.2. reference to and use of the terms “notice” and “notification” mean and refer only and specifically to:
— O
‘Office’ and ‘Work Area’
— 3.10.15.1. reference to and use of the terms “office” and “work area” mean and refer only and specifically to:
‘Official Persons’
— 3.10.15.2. reference to and use of the term “official person” mean and refer only and specifically to:
— P
‘Partner’ and ‘Partnership’
— 3.10.16.1. reference to and use of the terms “partner” and “partnership” mean and refer only and specifically to:
‘Personal Data, Information’
— 3.10.16.2. reference to and use of the terms “personal data,” “personal data,” and “personal information” mean and refer only and specifically to:
‘Privacy’ and ‘Private’
— 3.10.16.3. reference to and use of the terms “privacy” and “private” mean and refer only and specifically to:
‘Process’ and ‘Processing’
— 3.10.16.4. reference to and use of the terms “processing,” “process,” and “processed” mean and refer only and specifically to:
‘Profile’ and ‘Profiling’
— 3.10.16.5. reference to and use of the terms “profile” and “profiling” mean and refer only and specifically to:
‘Pseudo-anonymization, -nymization’
— 3.10.16.6. reference to and use of the terms “pseudo-anonymization,” “pseudonymization,” and “pseudonymized” mean and refer only and specifically to:
— R
‘Representation’ and ‘Representative’
— 3.10.18.1. reference to and use of the terms “representation” and “representative” mean and refer only and specifically to:
‘Research’ and ‘Investigation’
— 3.10.18.2. reference to and use of the terms “research” and “investigation” mean and refer only and specifically to:
‘Research Review Board’
— 3.10.18.3. reference to and use of the term “research review board” (also the “RRB”) mean and refer only and specifically to:
‘Risks, of Conduct, Processing’
— 3.10.18.4. reference to and use of the terms “risk,” “risks of conduct or service,” and “risks of processing” mean and refer only and specifically to:
— S
‘Seal’ and ‘Sealed’
— 3.10.19.1. reference to and use of the terms “seal” and “sealed” mean and refer only and specifically to:
‘Self,’ ‘Soul’ and ‘Spirit’
— 3.10.19.2. reference to and use of the terms “self,” “soul,” and “spirit” mean and refer only and specifically to:
‘Sensitive’ and ‘Sensitivity’
— 3.10.19.3. reference to and use of the terms “sensitive” and “sensitivity” mean and refer only and specifically to:
‘Signature’ and ‘Signed’
— 3.10.19.4. reference to and use of the terms “signature” and “signed” mean and refer only and specifically to:
‘Sponsor’ and ‘Sponsorship’
— 3.10.19.5. reference to and use of the terms “sponsor” and “sponsorship” mean and refer only and specifically to:
— T
‘Third Party, Country’
— 3.10.20.1. reference to and use of the terms “third party” and “third country” mean and refer only and specifically to:
— U
‘User Data, Material, Property’
— 3.10.21.1. reference to and use of the terms “user data,” “user information,” “user material,” and “user property” mean and refer only and specifically to:
— W
‘Writing’ and ‘Written’
— 3.10.23.1. reference to and use of the terms “writing” and “written” mean and refer only and specifically to:
Agreement Terms
Provision
The Conditions and Terms requires your adherence to the conditions and definitions above and correlative terms delineated below.
Agreement and Relationship
Section 3.12.0. With respect to the nature, purpose, and scope of your Agreement and relationship with The Ikoku Foundations, you understand and agree to abide by the following:
Acceptable Use
Section 3.13.0. With respect to an illustrative list, range, and examples of activities that do not constitute acceptable use relating to The Ikoku Foundations, you understand and agree to abide by the following:
Section 3.13.26. Furthermore, with respect to activities relating to The Ikoku Foundations that are clearly, inarguably and wholly unacceptable, for any reason and under any circumstance, you understand and agree to abide by the following:
Access and Activities
Section 3.14.0. With respect to any access, activities, and associated conduct and service you commence or continue, you understand and agree to abide by the following:
Account and Registration
Section 3.15.0. With respect to any user account or profile creation and registration process relating to The Ikoku Foundations that you commence or continue, you represent and warrant the following:
Affiliation and Allocation
Section 3.16.0. With respect to any affiliation, allocation, and activity and representation subsequent to any arrangement or agreement relating to The Ikoku Foundations, you understand and agree to abide by the following:
Charges and Transactions
Section 3.17.0. With respect to charges and fees for any conduct or service you commence or continue, you understand and agree to abide by the following:
Section 3.18.0. And with respect to financial transactions at and of The Ikoku Foundations, you understand and agree to abide by the following:
Compliance Actions
Section 3.19.0. With respect to compliance actions and possible restriction, suspension, or termination of your Agreement and relationship with The Ikoku Foundations, you understand and agree to abide by the following:
Compliance Against Risks, Threats
— From Incompatibility
Section 3.20.0. With respect to compliance and protections against standard risks and threats due to incompatibility, you understand and agree to abide by the following:
— From Inconsistency
Section 3.21.0. With respect to compliance and protections against standard risks and threats due to inconsistency, you understand and agree to abide by the following:
— From Infringement
Section 3.22.0. With respect to compliance and protections against standard risks and threats due to infringement, you understand and agree to abide by the following:
— From Insecurity
Section 3.23.0. With respect to compliance and protections against standard risks and threats due to insecurity, you understand and agree to abide by the following:
— From Interference
Section 3.24.0. With respect to compliance and protections against standard risks and threats due to interference, you understand and agree to abide by the following:
— From Intrusion
Section 3.25.0. With respect to compliance and protections against standard risks and threats due to intrusion, you understand and agree to abide by the following:
— From Invalidation
Section 3.26.0. With respect to compliance and protections against standard risks and threats due to effective invalidation, you understand and agree to abide by the following:
Section 3.27.0. Furthermore, with respect to such protections from effective invalidation, you understand and agree to abide by the following:
Disclaimers
Section 3.28.0. With respect to disclaimers of The Ikoku Foundations, you understand and agree to abide by the following:
Indemnification
Section 3.29.0. With respect to indemnification, you understand and agree to abide by the following:
Liability Limitation
Section 3.30.0. With respect to the limitation of liability, you understand and agree to abide by the following:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
— You hereby waive any and all rights you have or may have under California Civil Code Section 1542, any similar provision of law or successor statute to it, and any similar law of any applicable state, nation, or territory, including with respect to any claims or causes of action you may have in connection with the aforementioned parts, sections, or Products and Services, the Conditions and Terms, and the Codes and Policies. In connection with this release and waiver, you acknowledge that you are aware that you may hereafter discover claims and causes of action presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by your legally binding Agreement to the Conditions and Terms, and the Codes and Policies, to release fully, finally and forever all such matters under the Codes and Policies. In furtherance of such intention, the releases set forth in the Conditions and Terms are and will remain in effect as complete and full releases notwithstanding the discovery or existence of any such additional or different claims, causes, or facts relevant hereto.
Severability
Section 3.31.0. With respect to severability of the Codes and Policies of The Ikoku Foundations, you understand and agree to abide by the following:
Territories of Administration
Section 3.32.0. With respect to the legal territories of administration for The Ikoku Foundations, you understand and agree to abide by the following:
Agreement Policies
Provision
As stated earlier, the governance of The Chinyere and Chinelo Ikoku Foundation and The Alvan Azinna Chibuzo Ikoku Foundation is, in important part, conducted via the Codes and Policies below:
Ikoku Foundations Agreement
Section 3.34.0. The Ikoku Foundations Conduct and Service Agreement, which
Conditions of Founding
— 3.35.0. Conditions and Terms of Founding of The Ikoku Foundations (HTML)
Conditions of Governance
— 3.36.0. Conditions and Terms of Governance of The Ikoku Foundations (HTML)
Conditions of Service
— 3.37.0. Conditions and Terms of Conduct and Service (HTML)
Founding Ethics
— 3.38.0. Founding and Governing Code of Ethics (HTML)
All Policies
— 3.39.0. All Policies (HTML)
Conclusion
— Conditions and Terms
— 3.40.1. All of the aforementioned in this section constitutes the Conditions and Terms of Governance of The Chinyere and Chinelo Ikoku Foundation and The Alvan Azinna Chibuzo Ikoku Foundation (the “Conditions and Terms of Governance” and “Conditions of Governance”) and forms an integral part of the Conditions and Terms of The Chinyere and Chinelo Ikoku Foundation and The Alvan Azinna Chibuzo Ikoku Foundation, the Codes and Policies of The Chinyere and Chinelo Ikoku Foundation and The Alvan Azinna Chibuzo Ikoku Foundation, as well as The Ikoku Foundation Conduct and Service Agreement you may enter into with The Chinyere and Chinelo Ikoku Foundation and The Alvan Azinna Chibuzo Ikoku Foundation.
— Concerns and Questions
— 3.40.2. Please report any concerns about code or policy violations, and send any questions you may have regarding the Conditions and Terms of Conduct and Service or The Ikoku Foundations Conduct and Service Agreement, to policies@ikokufoundations.org.
— Concluding
— 3.40.3. And as a concluding aviso and proviso, you are informed as well as reminded that by commencing or continuing any conduct or service relating to The Chinyere and Chinelo Ikoku Foundation or The Alvan Azinna Chinbuzo Ikoku Foundation — in any way, either directly or indirectly, and via any manner, means, method, or mode — you enter into The Ikoku Foundations Conduct and Service Agreement and agree to abide by and be legally bound by the Policy conditions, principles, protections, and terms described above, and the Codes and Policies, in their entirety without modification or severability, as amended from time to time solely by the Founder.
Also at The Foundations
The Ikoku Foundations are dedicated to fostering ethical philanthropy concerning Africa, its global diasporas, and humanely coexisting communities — toward humane futures for lives across the globe. And so in accordance with the above, The Foundations provide the following:
Philanthropy for Africa
Nonprofit organizations that serve the public interest in Africa and its global diasporas — by advancing ethical philanthropy in several domains, including education and research, civics and governance, health and humanities, industry and innovation.
Philanthropy for Community
Nonprofit organizations that serve the public interest in fostering humanely coexisting communities and persons — who evince a commitment to humane reciprocity as the basis for enhancing the lives and societies existing around them.
Philanthropy for Humanity
Nonprofit organizations that serve the public interest in fostering humanity — by helping the public understand Africa’s essential place in a humane future, where the betterment of conditions for some of the most resolutely humane peoples enhances life for all.