Terms and Conditions

CareFund is a digital fundraising product and platform of WezaCare Solutions, a Kenyan non-profit company limited by guarantee. CareFund is not a separate legal person.

Status, scope and acceptance

Contracting party

These Terms are a legally binding agreement between WezaCare Solutions, acting through its CareFund product, and every person who accesses or uses CareFund. CareFund is a product name and platform and is not a separate company, charity, trustee, bank, payment service provider, fiduciary or legal person.

Electronic acceptance and deemed signature

By clicking “I Agree”, creating or maintaining an account, submitting or publishing a Campaign, making or attempting a Donation, accessing a beneficiary dashboard, or otherwise accessing or continuing to use CareFund after these Terms are made available, the user signifies full acceptance of these Terms. To the fullest extent permitted by Kenyan law, that electronic acceptance and continued use constitutes execution and signature of these Terms as if signed in writing. A person who does not agree must not use, and must discontinue use of, CareFund.

Changes to Terms

WezaCare may amend these Terms for legal, regulatory, security, operational or service reasons. Material changes will be notified by reasonable electronic means. Continued use after the effective date constitutes acceptance, subject to any mandatory consent requirement under applicable law.

Order of documents

These Terms operate with the Privacy and Data Protection Policy, Beneficiary Platform and SaaS Agreement, AML/CFT and Sanctions Policy where applicable, campaign-specific disclosures, and payment-method terms. Mandatory law prevails over inconsistent contractual wording.

Definitions and platform architecture

Key definitions

• “Beneficiary Organisation” means an organisation approved to raise or receive funds through CareFund;
• “Campaign” means a fundraising appeal;
• “Donation” means a voluntary transfer without entitlement to repayment, equity, interest or financial return;
• “Donor” means the person initiating a Donation;
• “PSP” means Paystack Payments Kenya Limited or another duly authorised payment service provider;
• “Verified” means prescribed checks have been completed and does not mean guaranteed genuine or risk-free.

Platform role

CareFund provides technology, campaign hosting, curation, verification workflows, donor tools and beneficiary administration. WezaCare controls platform access and campaign publication but does not, merely by operating CareFund, become the beneficiary, trustee, agent, fiduciary, financial adviser or guarantor of a Campaign.

Payment architecture

Regulated payment processing is undertaken by the PSP. CareFund is intended to route Donation principal through the PSP to the verified Beneficiary Organisation or its approved subaccount, while any separately disclosed CareFund fee, support amount or other lawful platform charge is accounted for separately. WezaCare must not be represented as receiving Donation principal for onward remittance unless the legal and regulatory structure is separately approved.

No endorsement or guarantee

Campaign review, approval, verification, badges, checks, monitoring or publication do not constitute a warranty, endorsement or guarantee of truth, future conduct, campaign success, solvency, tax deductibility or proper use of funds.

Eligibility and accounts

General eligibility

Users must have legal capacity to contract. An individual acting for an organisation warrants continuing authority to bind it. CareFund may require evidence of identity, authority, age, organisational status, address, tax status, licences or other information at any time.

Account security

Users are responsible for credentials, authorised users and activity under their accounts. Suspected compromise must be reported promptly. CareFund may require multi-factor authentication, reset credentials, restrict roles or suspend access.

Accurate information

All information supplied must be complete, accurate, current and not misleading by statement or omission. Users must promptly update material changes.

No right to access

Registration, submission, prior approval or prior use creates no continuing entitlement to access CareFund. Access may be refused, conditioned, limited, suspended or terminated in accordance with these Terms.

Beneficiary onboarding and continuing KYB

Preconditions

A Beneficiary Organisation must complete CareFund KYB, identify authorised officials and controllers, provide organisational registration and tax information, disclose relevant licences, connect a verified organisational payout account or approved PSP subaccount, accept the Beneficiary Platform and SaaS Agreement, and satisfy safeguarding and risk checks.

Continuing duty

Approval is continuous, not one-off. CareFund may call for fresh KYB, bank confirmation, governing documents, board mandates, licences, tax certificates, beneficial ownership/control information, safeguarding evidence or source/use-of-funds information at any time.

Material change

Beneficiaries must notify CareFund promptly of changes in name, legal status, directors/officials, control, address, licence, tax status, bank/PSP details, insolvency, investigation, litigation materially affecting fundraising, safeguarding incident or loss of authority.

Reverification and suspension

Failure to provide requested information within the stated period may result in restricted functionality, campaign pause, prevention of new donations, request to the PSP to delay settlement where legally and contractually available, or suspension/termination.

Campaign lifecycle and content

Submission and review

Campaigns remain drafts until institutionally approved. CareFund may verify identity, need, purpose, supporting evidence, beneficiary authority, images, safeguarding, budget, target, duration, payout details and risk factors. The operational target may be 72 hours for complete standard-risk submissions, but it is not a guaranteed service level.

Campaign representations

The Beneficiary Organisation warrants that each Campaign is truthful, substantiated, lawful, not misleading, authorised, consistent with its objects and licences, and that all content and personal data may lawfully be used for fundraising.

Children and vulnerable persons

No child case-management record automatically becomes fundraising content. Identifiable child content requires a lawful basis, appropriate parent/guardian authority where required, best-interests assessment, data minimisation and safeguarding approval. CareFund may require anonymisation even where consent exists.

Editing and moderation

CareFund may require edits, reject, pause, annotate, restrict, remove or decline to promote content for legal, safeguarding, fraud, reputational, accuracy, security or platform-integrity reasons. It has no duty to pre-screen every statement and no moderation action transfers responsibility for user content to WezaCare.

Campaign models

A Campaign must state whether it is “keep what you raise” or conditional upon a stated threshold or event, and disclose any permitted alternative use of funds. Material changes after donations begin require CareFund approval and, where appropriate, donor notice or consent.

Donor lifecycle

Registration and guest use

CareFund may require a Donor to provide name, email, mobile number, country, payment information through the PSP and other proportionate information. Guest checkout may be offered, but payment-system and fraud records may still identify the transaction.

Anonymous donations

Public anonymity means the Donor’s identity is not displayed publicly; it does not mean anonymity to CareFund, the PSP, financial institutions, regulators or authorities where disclosure is lawful or required.

Donor decision

The Donor is responsible for deciding whether and how much to donate. CareFund does not provide legal, tax, financial or investment advice and does not guarantee any Campaign or Beneficiary Organisation.

Receipts and statements

CareFund may issue platform acknowledgements and donation histories. A receipt or statement is not a representation that a Donation is tax deductible. The legally appropriate person should issue any tax receipt required by law.

Recurring donations

A Donor authorising recurring donations consents to scheduled charges until cancelled in accordance with the displayed process. Cancellation affects future charges and does not automatically reverse settled prior donations.

Donations, fees and payment processing

Authorisation

A Donation is subject to PSP/payment-method authorisation, fraud and compliance checks, availability of funds and these Terms. A displayed confirmation may remain subject to reversal, chargeback, refund or settlement controls.

Fees and transparency

Any CareFund operational fee, optional support amount, PSP fee or other charge must be disclosed at or before checkout in the manner required by law. Donation principal and CareFund revenue must be legally and operationally distinguished.

Settlement

Settlement timing is controlled by the PSP, payment networks, banks and risk controls. CareFund does not warrant a particular settlement time and is not liable for third-party settlement delay except to the extent liability cannot lawfully be excluded.

Payment review

CareFund may perform a risk review targeted within 48 hours of Donation initiation. The target is operational, not a guarantee. CareFund may request the PSP to delay or restrict settlement where available and justified by fraud, sanctions, legal, safeguarding, refund or dispute risk.

No CareFund wallet

Unless expressly introduced under a separately approved regulated structure, CareFund does not provide a stored-value wallet and users must not treat CareFund as a deposit-taking institution or payment account.

Failed campaigns, cancellation, holds and refunds

Target not reached

Failure to reach a target does not by itself create a refund right where the Campaign was disclosed as “keep what you raise”. A conditional Campaign will be treated according to its disclosed condition and refund/alternative-use terms.

Cancellation

CareFund or the Beneficiary may cancel or close a Campaign. Closure stops or limits new donations but does not necessarily unwind amounts already settled.

Pre-settlement refund window

Where funds have not yet been released or settled to the Beneficiary and the payment architecture permits, CareFund may request the PSP to hold, reverse or refund a Donation because of cancellation, failed condition, suspected fraud, duplicate/error payment, sanctions, legal direction, inability to verify the Beneficiary, material misrepresentation or other justified risk.

After settlement

Once funds have settled to the Beneficiary, CareFund cannot promise a refund. It may require the Beneficiary to return funds under the Beneficiary Agreement, assist with PSP processes or pursue recovery, but recovery is not guaranteed.

Refund destination

Refunds ordinarily return through the original payment method. CareFund may refuse requests to refund to a different person, account or instrument and may require verification.

Chargebacks and reversals

A chargeback or payment-network reversal may occur after settlement. The responsible Beneficiary or user must cooperate and bear amounts, fees and losses allocated to it under these Terms, the Beneficiary Agreement or PSP rules. Relevant obligations survive termination.

Fraud, AML/CFT, sanctions and prohibited use

Risk controls

CareFund may use identity/KYB checks, transaction monitoring, sanctions screening, device/account signals, manual review, PSP information and reasonable open-source verification.

Prohibited use

CareFund must not be used for unlawful activity, fraud, deception, money laundering, terrorism financing, proliferation financing, sanctions evasion, bribery, trafficking, exploitation, illegal goods/services, personal enrichment disguised as charitable fundraising, or any purpose prohibited by CareFund or the PSP.

Enhanced due diligence

CareFund may request source of funds, source of wealth where proportionate, relationship to beneficiary, purpose, governing approvals or other evidence. Failure or refusal may lead to rejection, hold, suspension or reporting where required.

No tipping off

CareFund may be legally unable to disclose the existence, basis or detail of certain compliance reviews, reports or authority requests.

Intellectual property and user content

Ownership

WezaCare retains all rights in CareFund software, branding, design, databases, documentation and platform materials, excluding user-owned content.

Content licence

A user granting content to CareFund grants WezaCare a worldwide, non-exclusive, royalty-free licence for the period reasonably necessary to host, reproduce, adapt for format/accessibility, display, communicate, promote and administer the Campaign and preserve legal/audit records. The user warrants it has all necessary rights and consents.

Infringement

CareFund may remove allegedly infringing or unlawful content and may require evidence of rights. Users remain responsible for claims arising from their content.

Privacy and confidentiality

Privacy

Personal data is processed under the CareFund Privacy and Data Protection Policy and applicable law. Users must not scrape, harvest, sell or misuse donor, beneficiary or child data.

Public content

Campaign content designated public may be indexed, shared and retained in archival or compliance records even after a Campaign closes, subject to applicable data-protection rights.

Third-party processing

Payment and other integrated providers process information under their own legal terms and privacy obligations. CareFund is not responsible for an independent third party’s acts beyond liability that cannot lawfully be excluded.

Suspension, investigation and termination

Protective action

CareFund may immediately restrict, pause, suspend, delist, terminate or preserve an account/Campaign where reasonably necessary for suspected breach, fraud, safeguarding, sanctions, security, legal/regulatory request, reputational/platform integrity, non-cooperation or risk to users.

No prior notice where unsafe

Prior notice is not required where notice may prejudice investigation, enable dissipation of funds, increase harm, breach law, create security risk or frustrate PSP/authority action.

Effect

Termination may end access but does not extinguish accrued rights, payment disputes, refunds, chargebacks, indemnities, confidentiality, data retention, IP licences needed for records, liability limitations, dispute clauses or repayment duties intended to survive.

User representations and warranties

General

Each user warrants legal capacity, authority, truthful information, lawful use, ownership/permission for content, compliance with applicable law and non-infringement of third-party rights.

Beneficiary-specific

Each Beneficiary warrants continuing lawful existence, authority to fundraise, accuracy of campaign claims, lawful receipt/use of funds, valid payout details, appropriate safeguarding and data permissions, and continuing eligibility for any status or benefit it claims.

Donor-specific

Each Donor warrants authority to use the payment method, lawful source and purpose of funds, no fraudulent chargeback intent, and no use of CareFund to conceal identity or evade lawfully applicable controls.

Disclaimer of warranties

As is and as available

To the fullest extent permitted by law, CareFund and the Services are provided “as is” and “as available”. WezaCare disclaims implied warranties and representations to the extent lawfully excludable, including fitness for a particular purpose, uninterrupted availability, error-free operation, merchantability, title and non-infringement.

Third-party and campaign information

WezaCare does not warrant completeness, accuracy, timeliness or reliability of third-party or user content; that any Campaign will receive donations; that funds will achieve the intended outcome; or that any user will perform promises.

Security and availability

WezaCare does not warrant that CareFund will be uninterrupted, immune from malicious activity or compatible with every device or third-party service, although it will maintain measures required by applicable law and its policies.

Limitation of liability

Excluded loss

To the fullest extent permitted by law, WezaCare, its affiliates, officers, directors, employees, agents and service providers are not liable for indirect, incidental, special, exemplary, punitive or consequential loss; loss of profits, goodwill, opportunity, anticipated savings, use or data; or losses arising from user content, third-party conduct, campaign outcome, beneficiary misuse, PSP/bank/network failure, unauthorised user conduct, lawful suspension or compliance action.

Aggregate cap

To the fullest extent permitted by law, WezaCare’s aggregate liability arising from or relating to CareFund to a particular claimant in any rolling six-month period shall not exceed the total fees or other amounts actually paid by that claimant to WezaCare for CareFund services during that period, or KES 10,000, whichever is greater. Donation principal paid for a Beneficiary Organisation is not an amount paid to WezaCare for purposes of this cap.

Mandatory carve-outs

Nothing excludes or limits liability to the extent exclusion is prohibited by Kenyan law, including liability that cannot lawfully be excluded for fraud, wilful misconduct, death/personal injury where applicable, or mandatory consumer/data-protection rights.

Allocation of risk

The parties agree these limitations are a reasonable allocation of platform risk and apply regardless of legal theory, subject to mandatory law.

Indemnities and release

Beneficiary indemnity

Each Beneficiary Organisation shall defend, indemnify and hold harmless WezaCare, CareFund, their affiliates, officers, directors, employees, agents and contractors from claims, losses, damages, fines, penalties, refunds, chargebacks, costs and reasonable legal fees arising from or relating to its Campaigns, content, misrepresentation, misuse/diversion of funds, unlawful activity, tax/status claims, safeguarding failures, privacy/data breaches attributable to it, IP infringement, lack of authority, breach of these Terms or the Beneficiary Agreement, or violation of third-party rights.

Donor and user indemnity

Each Donor and other user shall, to the fullest extent permitted by law, indemnify the same protected persons against claims, losses, costs and reasonable legal fees arising from that user’s unlawful/fraudulent use, false information, unauthorised payment method, abusive chargeback, content, breach of these Terms or violation of third-party rights.

Defence and cooperation

WezaCare may control the defence or settlement of a claim for which indemnity is sought, acting reasonably. The indemnifying party must promptly cooperate and must not settle in a manner imposing liability, admission or obligation on a protected person without written consent.

User-to-user release

To the fullest extent permitted by law, users release WezaCare from claims arising solely from disputes between users or from promises made by one user to another, except to the extent caused by WezaCare’s own non-excludable liability.

Complaints, disputes and governing law

Complaints

A user should first submit a written complaint through CareFund’s designated support/legal channel with sufficient details and supporting material. Operational complaints may be investigated without waiving any right.

Good-faith negotiation

The parties shall first attempt in good faith to resolve a dispute through written negotiations for at least fourteen days after a formal notice of dispute, unless urgent interim relief is required.

Arbitration

Any dispute not resolved by negotiation shall be finally resolved by arbitration by one arbitrator under the rules of the Chartered Institute of Arbitrators (Kenya Branch) then in force. The arbitrator shall be appointed by agreement, failing which by the Chairperson for the time being of the Chartered Institute of Arbitrators (Kenya Branch) upon application by either party. The seat and legal place of arbitration shall be Kisumu, Kenya; the language shall be English; Kenyan law governs these Terms.

Interim relief and statutory rights

Nothing prevents a party from seeking urgent conservatory/interim relief from a court of competent jurisdiction, making a regulatory complaint, or exercising a right that applicable law does not permit to be subjected to arbitration or waived.

General provisions

No agency or fiduciary relationship

Except where expressly agreed in writing, these Terms do not create partnership, joint venture, employment, agency, trustee, escrow or fiduciary relationship between WezaCare and a user.

Assignment

Users may not assign rights or obligations without WezaCare’s written consent. WezaCare may assign or transfer the CareFund business or these Terms as part of restructuring, outsourcing or transfer of the relevant service, subject to law.

Severability and waiver

Invalid provisions are severed or limited to the minimum extent necessary; the remainder continues. Delay in enforcement is not waiver.

Entire agreement

These Terms and incorporated documents constitute the agreement on their subject matter, without limiting liability for fraud or rights that cannot lawfully be excluded.

Contact

CareFund will publish current legal, privacy and support contact details on carefund.ke. Formal notices may be delivered electronically to the addresses associated with the relevant account.