Terms of Use

1. Eligibility

The Site is available only to individuals who are at least 18 years of age or who have reached the age of majority in their jurisdiction of residence. By accessing or using the Site, you represent and warrant that (a) you meet this age requirement, and (b) if you are accessing or using the Site on behalf of an organization, entity, or other legal person, you are duly authorized to accept these Terms and bind that organization to them.

2. Minors

The Site is not directed at individuals under the age of 18. Gwags does not knowingly collect personal information from minors. If you are under 18 years of age, you may only access or use the Site with the consent and active supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If we become aware that personal information has been collected from a minor without verifiable parental or guardian consent, we will take reasonable steps to delete such information promptly.

Notwithstanding the foregoing, certain Gwags programs, including the Gwags Scholars Program, may accept applications or materials from individuals under 18. In such cases, the applicant's parent or legal guardian must review and consent to these Terms and any applicable Additional Terms prior to submission. Gwags may request verification of parental or guardian consent at any time.

3. Additional Terms

Certain features of the Site, including but not limited to donation processing, partnership submission portals, network directory profiles, scholarship applications, and event registration, may be subject to supplementary terms, guidelines, or policies ("Additional Terms"). Where Additional Terms apply, they will be presented to you in connection with the relevant feature. Unless expressly stated otherwise, Additional Terms supplement and are incorporated into these Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall govern solely with respect to the feature to which they apply.

4. Multilingual Content

The Site is available in English and French. Translations are provided for the convenience of users. In the event of any inconsistency, discrepancy, or ambiguity between the English-language version and any translated version of these Terms, the Privacy Policy, or any other content on the Site, the English-language version shall prevail and be treated as authoritative.

Gwags endeavors to maintain accurate translations but does not warrant the accuracy, completeness, or currency of translated content. Gwags shall not be liable for any loss, damage, or misunderstanding arising from reliance on translated content where it differs from the English-language original.

5. Accessibility

Gwags is committed to making the Site accessible to all users, including individuals with disabilities. We strive to conform to applicable accessibility standards and to continuously improve the user experience for everyone. If you encounter any accessibility barriers or have difficulty accessing any part of the Site, please contact us at contact@gwags.org with a description of the issue. We will make reasonable efforts to address your concern and to provide the information or service you need through an accessible alternative.

6. Use of the Site

(a) License: Subject to your compliance with these Terms, Gwags grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site and its content solely for lawful, noncommercial, and personal or internal organizational purposes.

(b) Restrictions: In connection with your use of the Site, you shall not:

• use the Site for any purpose that is unlawful or prohibited by these Terms, or that violates any applicable local, national, or international law or regulation;
• reproduce, duplicate, copy, sell, distribute, license, or exploit any content, material, or feature of the Site for commercial purposes without the prior written consent of Gwags;
• interfere with, disrupt, or attempt to compromise the proper functioning, security, or integrity of the Site or any associated systems, servers, or networks;
• upload, transmit, or otherwise make available any content that is harmful, threatening, abusive, defamatory, obscene, invasive of privacy, or otherwise objectionable;
• upload or transmit any material containing viruses, malicious code, or any other harmful component;
• attempt to gain unauthorized access to any portion of the Site, any accounts, systems, or networks connected to the Site, or any data not intended for you;
• use any automated means, including bots, scrapers, crawlers, or similar technologies, to access, monitor, copy, or collect content or data from the Site without our express written permission;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity, including Gwags;
• use the Site, its content, or the Gwags name in any manner that suggests endorsement, affiliation, or partnership with the Institution unless expressly authorized in writing; or
• intentionally or recklessly cause damage to the Institution's reputation, operations, personnel, or stakeholders.

Any unauthorized use of the Site may result in the immediate suspension or termination of your access, without notice, and may expose you to civil or criminal liability.

(c) Monitoring: Gwags reserves the right, but does not assume the obligation, to monitor use of the Site and to remove or restrict access to any content or feature at any time, in its sole discretion, without prior notice.

7. Intellectual Property

(a) Ownership: All content available on or through the Site, including but not limited to text, graphics, logos, images, photographs, illustrations, data, software, page layout, design, and compilation thereof (collectively, "Content"), is the exclusive property of Gwags or its licensors and is protected under applicable copyright, trademark, patent, and other intellectual property laws.

(b) Trademarks: The Gwags name, logo, and all related trademarks, service marks, and trade dress are the property of Gwags. You may not use any Gwags trademark, logo, or trade dress without our express prior written consent. If such consent is granted, use must conform to any brand guidelines provided by the Institution.

(c) No Transfer of Rights: No right, title, or interest in or to any Content is transferred to you by virtue of your access to or use of the Site. All rights not expressly granted herein are reserved by Gwags.

(d) Obligation to Report Infringement: If you become aware of any unauthorized use, reproduction, or distribution of Gwags's intellectual property, including its name, logo, Content, or other proprietary materials, whether on or off the Site, you agree to notify Gwags promptly at contact@gwags.org. This obligation applies to any use that you reasonably believe may constitute infringement or misappropriation of the Institution's intellectual property rights.

8. Account Registration

Access to certain features of the Site may require you to create a user account ("Account") and establish login credentials ("Credentials"). If you register for an Account, you agree to:

• provide accurate, complete, and current information during registration and maintain the accuracy of such information;
• keep your Credentials confidential and not share them with any third party;
• accept sole responsibility for all activity that occurs under your Account, whether or not authorized by you; and
• notify Gwags immediately at contact@gwags.org if you suspect any unauthorized use of your Account or Credentials.

Gwags reserves the right to suspend, deactivate, or terminate any Account at any time, for any reason or no reason, in its sole discretion. You may not sell, transfer, or assign your Account to any third party.

9. User Submissions

(a) General: The Site may allow you to submit information, materials, proposals, messages, documents, or other content through forms, portals, or other features (collectively, "Submissions"). Submissions include, without limitation, information submitted through partnership inquiry forms, contact forms, network affiliation requests, grant-related materials, scholarship applications, and any other content you provide to Gwags through the Site.

(b) Representations: By providing a Submission, you represent and warrant that: (i) you have the right and authority to provide the Submission; (ii) the Submission does not infringe, misappropriate, or violate the intellectual property, proprietary, or privacy rights of any third party; (iii) the Submission does not contain confidential information of any third party that you are not authorized to disclose; and (iv) the Submission complies with all applicable laws and regulations.

(c) License: By submitting any Submission to Gwags, you grant to Gwags a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your Submission, in whole or in part, in any form or medium now known or hereafter developed, for any purpose related to the furtherance of Gwags's mission and operations, without credit or compensation to you unless otherwise agreed in writing.

(d) Use in Reporting and Communications: Without limiting the generality of the foregoing license, you acknowledge and agree that Gwags may use your Submission, in whole or in part, for institutional reporting, impact measurement, annual reports, press releases, social media communications, fundraising materials, and other public communications, without the need for further consent beyond what is granted in these Terms. If your Submission contains personally identifiable information, Gwags will handle such information in accordance with its Privacy Policy.

(e) No Obligation: Gwags is under no obligation to review, use, return, or respond to any Submission. Gwags may, in its sole discretion, edit, refuse, or remove any Submission at any time without notice.

(f) No Confidentiality: Unless governed by a separate written confidentiality agreement between you and Gwags, all Submissions are deemed non-confidential and non-proprietary.

(g) Data Retention: Gwags retains Submissions and associated data for as long as reasonably necessary to fulfill the purposes described in these Terms, to comply with legal obligations, to resolve disputes, and to enforce agreements, or as otherwise required by applicable law.

10. Electronic Communications

By using the Site, providing your email address through any form or Account registration, or making a donation, you consent to receiving electronic communications from Gwags, including but not limited to donation receipts, transaction confirmations, account notifications, partnership correspondence, program updates, and other institutional communications. You agree that all agreements, notices, disclosures, receipts, and other communications that Gwags provides to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of non-transactional communications (such as newsletters or general updates) at any time by following the unsubscribe instructions included in such communications or by contacting contact@gwags.org. Transactional communications related to donations, account activity, or legal notices cannot be opted out of while you maintain an Account or have an active recurring donation.

11. Donations

(a) Processing: Donations made through the Site are processed securely by Stripe, Inc. ("Stripe"), a third-party payment processor. By making a donation, you agree to be bound by Stripe's applicable terms of service and privacy policy, which are available on Stripe's website.

(b) Currency: Donation amounts displayed on the Site are denominated in the currency indicated at the time of the transaction. If your payment method is denominated in a different currency, the final charged amount may vary due to exchange rate fluctuations applied by your bank, card issuer, or payment network. Gwags is not responsible for any differences between the displayed donation amount and the amount ultimately charged to your account as a result of currency conversion.

(c) Use of Funds: All donations received by Gwags are used in furtherance of the Institution's charitable mission. Unless a donation is designated for a specific initiative, program, or fund and accepted as such by Gwags, donations are treated as unrestricted contributions.

(d) Designated Donations: If you designate a donation for a specific initiative or fund and that initiative is no longer active, has reached its funding capacity, or has been discontinued, Gwags reserves the right to redirect the donation to a similar initiative aligned with the original designation, or to its general fund, at its sole discretion. Gwags will make reasonable efforts to notify you of any such reallocation.

(e) Refund Policy: Donations are generally non-refundable. If you believe a donation was made in error or without your authorization, you may contact Gwags at donate@gwags.org within thirty (30) days of the transaction. Gwags will review your request and, at its sole discretion, determine whether a refund is warranted.

(f) Recurring Donations: If you elect to make a recurring donation, you authorize Gwags and Stripe to charge the designated amount to your selected payment method at the frequency you specify until you cancel. You may cancel a recurring donation at any time through your donor account or by contacting donate@gwags.org. Cancellation will take effect for the next scheduled payment cycle.

(g) Tax Receipts: Gwags will issue tax-deductible receipts in accordance with the tax laws of the jurisdictions in which it is incorporated. It is your sole responsibility to determine the tax implications of your donation under the laws applicable to you.

(h) No Commissions: Gwags does not pay commissions, finder's fees, or similar compensation to any individual or entity in connection with the solicitation or processing of donations, unless expressly agreed to in a written contract executed prior to such arrangement.

(i) Severability of this Section: Each subsection of this Section is independent and severable; the invalidity or unenforceability of any subsection shall not affect the validity or enforceability of any other subsection.

12. Network Directory

(a) General: The Site features a directory of organizations affiliated with the Gwags network ("Network Organizations"). Information displayed about Network Organizations is provided for informational purposes only. Inclusion in the directory does not constitute endorsement, partnership, or agency between Gwags and any listed organization, nor does it represent any guarantee regarding the quality, reliability, or conduct of any Network Organization.

(b) Accuracy: Network Organizations are solely responsible for the accuracy of their profile information. Gwags does not independently verify the information provided by Network Organizations and disclaims any liability for inaccuracies, omissions, or misrepresentations in such information.

(c) Addition and Removal: Gwags reserves the right to add, modify, or remove any listing from the directory at any time, in its sole discretion. A Network Organization may request the modification or removal of its profile by contacting Gwags at contact@gwags.org. Gwags will process such requests within a reasonable timeframe.

13. Third-Party Links and Services

The Site may contain links to websites, platforms, or services operated by third parties ("Linked Sites"). Linked Sites are not under the control of Gwags, and Gwags is not responsible for the content, policies, practices, or availability of any Linked Site. The inclusion of a link does not imply endorsement or affiliation. You access Linked Sites at your own risk and subject to the terms and conditions of those sites.

14. Privacy and Cookies

(a) Privacy Policy: Your use of the Site is also governed by our Privacy Policy, available at gwags.org/privacy. By using the Site, you consent to the collection, use, and processing of your information as described in the Privacy Policy. You are solely responsible for the accuracy of the personal information you provide.

(b) Cookies: The Site may use cookies and similar tracking technologies for analytics, session management, and functionality purposes. Your preferences regarding cookies are managed as described in the Privacy Policy. By continuing to use the Site without adjusting your cookie settings, you consent to the use of cookies as described therein.

(c) International Data: If you access the Site from outside the United States or Cameroon, your information may be transferred to, stored, and processed in the United States, Cameroon, or another jurisdiction where Gwags or its service providers operate. By using the Site, you consent to such transfer, storage, and processing.

15. Copyright Complaints

If you believe that content on the Site infringes your copyright, you may notify Gwags in writing at contact@gwags.org with the following information: (a) a description of the copyrighted work you claim has been infringed; (b) a description of the allegedly infringing material and its location on the Site; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Gwags will review all properly submitted notices and take appropriate action in accordance with applicable law.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GWAGS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

GWAGS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. GWAGS MAKES NO REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SITE.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GWAGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, ANY CONTENT, ANY SUBMISSIONS, OR ANY SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF GWAGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GWAGS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO GWAGS, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Gwags and its officers, directors, employees, agents, affiliates, partners, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your Submissions; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party right, including intellectual property, privacy, or proprietary rights.

Gwags reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

19. Termination

Gwags may, in its sole and absolute discretion, suspend, restrict, or terminate your access to the Site at any time, with or without cause and with or without notice. Upon termination, all rights and licenses granted to you under these Terms will immediately cease.

The following sections shall survive termination of these Terms: Sections 7 (Intellectual Property), 9 (User Submissions), 10 (Electronic Communications), 11 (Donations), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Termination), 20 (Dispute Resolution), 21 (Governing Law and Jurisdiction), and 24 (General Provisions).

20. Dispute Resolution

Before initiating any formal legal proceeding arising out of or relating to these Terms or the Site, you and Gwags each agree to first attempt to resolve the dispute through good faith negotiation. The party raising the dispute shall send a written description of the claim, including relevant supporting information and a proposed resolution, to the other party. Notice to Gwags shall be sent to contact@gwags.org. Gwags will notify you at the email address associated with your Account or as otherwise provided by you.

If either party fails to respond to the initial notice within thirty (30) days, or if the dispute remains unresolved after sixty (60) days from receipt of the initial notice, either party may pursue the claim through the applicable legal channels described in Section 21.

21. Governing Law and Jurisdiction

(a) Applicable Law: These Terms and your use of the Site are governed by and construed in accordance with the laws of the jurisdictions in which Gwags Global Impact Institution is incorporated, specifically: (i) the laws of the State of Washington, United States of America; and (ii) the laws of the Republic of Cameroon, in each case without regard to conflict of law principles.

(b) Exclusive Jurisdiction: For disputes arising in connection with Gwags's operations or incorporation in the United States, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Washington. For disputes arising in connection with Gwags's operations or incorporation in Cameroon, jurisdiction shall be determined in accordance with applicable Cameroonian law.

(c) Jurisdictional Severability: If a court in one jurisdiction finds any provision of these Terms to be invalid, illegal, or unenforceable under its laws, such finding shall have no effect on the validity, legality, or enforceability of that provision under the laws of the other jurisdiction in which Gwags is incorporated. Each jurisdiction's interpretation of these Terms operates independently.

22. International Use

Gwags is headquartered with operations in both the United States and Cameroon. The Site and its Content are governed by the laws referenced in Section 21. Gwags makes no representation that the Site or its Content are appropriate or available for use in all locations. If you access the Site from outside the United States or Cameroon, you do so at your own initiative and are solely responsible for compliance with all applicable local laws.

23. Force Majeure

Gwags shall not be liable or responsible for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from circumstances beyond Gwags's reasonable control, including but not limited to: acts of God; natural disasters; flood; fire; earthquake; epidemic or pandemic; war; invasion; hostilities (whether war is declared or not); terrorist threats or acts; riot or other civil unrest; government orders, laws, or actions; embargoes or blockades; national or regional emergencies; strikes or labor disputes; telecommunication or power outages or failures; cyberattacks or data breaches; internet or network infrastructure disruptions; failure of third-party service providers; or any other event that is beyond the reasonable control of the Institution.

During the period of any such event, Gwags's obligations under these Terms shall be suspended to the extent affected, and Gwags shall not be deemed in default or breach of these Terms as a result.

24. General Provisions

(a) Entire Agreement: These Terms, together with our Privacy Policy and any applicable Additional Terms, constitute the entire agreement between you and Gwags with respect to the Site and supersede all prior or contemporaneous agreements, representations, warranties, and understandings regarding the same.

(b) Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

(c) No Waiver: The failure of Gwags to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by Gwags.

(d) Assignment: You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without the prior written consent of Gwags. Gwags may assign these Terms, in whole or in part, at any time without notice to you.

(e) Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.

(f) Changes to These Terms: Gwags reserves the right to modify, amend, or replace these Terms at any time. Changes will be effective upon posting to the Site with an updated "Last updated" date. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

25. Contact

For questions regarding these Terms, please contact:

Gwags Global Impact Institution

Email: contact@gwags.org

For donation-related inquiries: donate@gwags.org

For accessibility concerns: contact@gwags.org