Agreement Conditions
Overview
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 Charitable Trusts. Please, therefore, take the time to read what follows carefully.
I — Your Terms Agreements
— 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:
i. Terms: Name, Nature
that the name of this Policy is the “Conditions and Terms of Conduct and Service of The Chinyere and Chinelo Ikoku Charitable Trusts” (the “Conditions and Terms” and the “Terms”) and that the nature of this Policy is to serve as the conditions and terms of agreement, conduct, service, and use of The Chinyere and Chinelo Ikoku Charitable Trusts.
ii. Terms: Composition
that the Conditions and Terms of Conduct and Service consists of all conditions and terms for the Codes and Policies of The Chinyere and Chinelo Ikoku Charitable Trusts (the “Codes and Policies” and the “Policies”) and The Ikoku Charitable Trusts Conduct and Service Agreement (the “Agreement”), which collectively include the Conditions and Terms of Founding, the Conditions and Terms of Governance, the Conditions for each Policy, as well as the Definitions and Terms delineated below.
iii. Terms: Agreement
that you understand the Conditions and Terms of Conduct and Service to be an integral part of the Codes and Policies and the Agreement you enter into with The Ikoku Charitable Trusts.
iv. Terms: Consent
that your consent to the Codes and Policies and the Agreement includes your legally equivalent consent to the Conditions and Terms of Conduct and Service.
v. Terms: Duties
that your duties to the Codes and Policies and the Agreement includes your legally equivalent duties to the Conditions and Terms of Conduct and Service.
vi. Terms: Entry
that your entry into the Agreement includes your legally equivalent entry into the Conditions and Terms of Conduct and Service, and similarly occurs whenever you commence or continue any conduct or service at, by, for, in, on, with or otherwise relating to The Ikoku Charitable Trusts.
vii. Terms: Legally Abiding
that your attestation about your reading, understanding, consenting and agreeing to legally abide by the Codes and Policies and the Agreement includes your legally attestation about your reading, understanding, consenting and agreeing to legally abide by the Conditions and Terms of Conduct and Service, in its entirety without modification or severability, as amended from time to time solely by the Founder.
viii. Terms: Legally Binding
that your attestation about your reading, understanding, consenting and agreeing to be legally bound by the Codes and Policies and the Agreement includes your legally equivalent attestation about your reading, understanding, consenting and agreeing to be legally bound by the Conditions and Terms of Conduct and Service, in its entirety without modification or severability, as amended from time to time solely by the Founder.
ix. Terms: Knowledge
that your attestation about your awareness and acceptance of your responsibility to keep informed and update your knowledge of the Codes and Policies and the Agreement includes your legally equivalent awareness and acceptance of your responsibility to keep informed and update your knowledge of the Conditions and Terms of Conduct and Service, in its entirety without modification or severability, as amended from time to time solely by the Founder.
II — Your Terms Understandings
— second, with respect to your understandings of the Conditions and Terms of Conduct and Service, you covenant, represent, and warrant the following:
i. Understanding: Terms
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
ii. Understanding: Terms Conditions
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms conditions as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you.
iii. Understanding: Terms Definitions
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms definitions as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you.
iv. Understanding: Terms Practices
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms practices as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you.
v. Understanding: Terms Principles
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms principles as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not infringed or violated, in any way, by you.
vi. Understanding: Terms Processes
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms processes as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you.
vii. Understanding: Terms Rights
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms rights as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not infringed or violated, in any way, by you.
viii. Understanding: Terms Safeguards
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms safeguards and resulting protections as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you.
ix. Understanding: Terms Violations
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms breach, diminishment, incompatibility, infringement, and violation as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to not be brought about, in any way, by you.
III — Your Terms Commitments
— third, with respect to your commitments to the Conditions and Terms of Conduct and Service, you understand and agree to abide by the following:
i. Commitment: Basis
that your commitment is the basis for any conduct or service at, by, for, in, on, with, or otherwise relating to The Ikoku Charitable Trusts that you commence or continue — including via any of the Products or Services, or the divisions, series, subsidiaries, or affiliates — and that any such conduct or service is free of any incompatibility with The Ikoku Charitable Trusts or violation of the Conditions and Terms of Conduct and Service, the Codes and Policies, or applicable law or regulation.
ii. Commitment: Terms
that this commitment include but not be limited to upholding for every person at The Ikoku Charitable Trusts the most humane, protective and respectful interpretations of terms, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
iii. Commitment: Terms Conditions
that this commitment include but not be limited to upholding for every person at The Ikoku Charitable Trusts the most humane, protective and respectful interpretations of terms conditions, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
iv. Commitment: Terms Definitions
that this commitment include but not be limited to upholding for every person at The Ikoku Charitable Trusts the most humane, protective and respectful interpretations of terms definitions, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
v. Commitment: Terms Principles
that this commitment include but not be limited to upholding for every person at The Ikoku Charitable Trusts the most humane, protective and respectful interpretations of terms principles, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
vi. Commitment: Terms Processes
that this commitment include but not be limited to upholding for every person at The Ikoku Charitable Trusts the most humane, protective and respectful interpretations of terms processes, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
vii. Commitment: Terms Rights
that this commitment include but not be limited to upholding for every person at The Ikoku Charitable Trusts the most humane, protective and respectful interpretations of terms rights, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
viii. Commitment: Terms Safeguards
that this commitment include but not be limited to upholding for every person at The Ikoku Charitable Trusts the most humane, protective and respectful interpretations of terms safeguards and resulting protections, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
ix. Commitment: Your Duty, Practices
that you respectfully assist solely via Your Duties as described in the Codes and Policies and the Conditions and Terms of Conduct and Service and in no way interfere with or impede the reasonable efforts authorized and executed solely by the Founder to translate the above commitments into practices for adopting and applying policies pertaining to terms; for adjudicating and determining compliance with the policies; and for fulfilling The Ikoku Charitable Trusts’s own duties pertaining to terms, terms conditions, terms definitions, terms principles, terms processes, terms rights, and terms safeguards and their resulting protections, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation.
x. Commitment: Your Duty, Protections
that you also respectfully assist solely via Your Duties as described in the Codes and Policies and the Conditions and Terms of Conduct and Service and in no way interfere with or impede the reasonable efforts authorized and executed solely by the Founder to develop and enforce terms protections derived from, first, applicable law and regulation, and second, from advances in terms that protect persons in ways that go beyond what such law and regulation currently provides.
Read Further Below
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 Charitable Trusts.
A — Basic Definitions
‘The Ikoku Charitable Trusts’
reference to and use of the term “The Ikoku Charitable Trusts” mean and refer only and specifically to:
The Chinyere and Chinelo Ikoku Charitable Trusts
The Chinyere and Chinelo Ikoku Charitable Trusts, a nonprofit organization also officially doing business as The Ikoku Trusts and The Ikoku Charitable Trusts.
Divisions and Subsidiaries
as well as any and all of the divisions, series, subsidiaries, and affiliates of The Chinyere and Chinelo Ikoku Charitable Trusts.
Administration and Areas
as well as any and all of the areas, sections, and equivalent of The Chinyere and Chinelo Ikoku Charitable Trusts, including The Ikoku Charitable Trusts Administration as defined in the Codes and Policies.
Affairs and Arrangements
as well as any and all of the acts, activities, affairs, agents, arrangements, and equivalent of The Chinyere and Chinelo Ikoku Charitable Trusts.
Assets and Properties
as well as any and all of the assets, properties, and equivalent of The Chinyere and Chinelo Ikoku Charitable Trusts.
Offices and Persons
as well as any and all of the offices, persons, and equivalent of The Chinyere and Chinelo Ikoku Charitable Trusts.
Products and Services
as well as any and all of the Products and Services of The Chinyere and Chinelo Ikoku Charitable Trusts.
Excluding as Pertains to Other Entities
as per usual, excluding all instances of the aforementioned pertaining to other entities, such as other entities that also have Alvan Azinna Chibuzo Ikoku as part of their administration.
Excluding as Pertains to Public Entities
as per usual, excluding all instances of the aforementioned pertaining to public entities, such as entities that are collective, communal, communist, cooperative, governmental, public, socialist or state in control, function, nature, ownership, or use.
As Made Official by Founder
all of the aforementioned as officially authorized and executed solely by the Founder’s authorization.
‘Founder’ and ‘President’
reference to and use of the terms “Founder,” “President,” and “Chair” mean and refer only and specifically to:
Sole Founder of The Ikoku Charitable Trusts
Alvan Azinna Chibuzo Ikoku as the sole Founder of The Chinyere and Chinelo Ikoku Charitable Trusts.
Sole President of The Ikoku Charitable Trusts
Alvan Azinna Chibuzo Ikoku as the sole President of The Chinyere and Chinelo Ikoku Charitable Trusts.
Sole CEO of The Ikoku Charitable Trusts
Alvan Azinna Chibuzo Ikoku as the sole CEO of The Chinyere and Chinelo Ikoku Charitable Trusts.
Sole Chair of The Ikoku Charitable Trusts
Alvan Azinna Chibuzo Ikoku as the sole Chair of The Chinyere and Chinelo Ikoku Charitable Trusts.
‘Products,’ ‘Services,’ ‘Sites’
reference to and use of the terms “Products” and “Services” mean and refer only and specifically to:
Products and Services Themselves
any and all of the applications, goods, products, programs, services, sites, and their equivalent of The Ikoku Charitable Trusts.
Administration Related to the Products and Services
any and all of the administration associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned.
Matter Related to the Products and Services
any and all of the content, data, documents, information, media, materials, samples, specimens, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned.
Properties Related to the Products and Services
any and all of the assets, devices, equipment, hardware and software, interfaces, properties, technologies, tools, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned.
Excluding as Pertains to Other Products or Services
as per usual, excluding all instances of the aforementioned pertaining to other products or services, such as other products or services that also have Alvan Azinna Chibuzo Ikoku as part of their administration.
Excluding as Pertains to Public Products or Services
as per usual, excluding all instances of the aforementioned pertaining to public products or services, such as products or services that are collective, communal, communist, cooperative, governmental, public, socialist or state in control, function, nature, ownership, or use.
Including as Pertains to Sites
yet notably including all instances of the aforementioned pertaining to the Sites of The Ikoku Charitable Trusts (collectively the “Sites”).
‘We,’ ‘Our,’ ‘Us’
reference to and use of the terms “we,” “our” and “us” mean and refer only and specifically to:
The Ikoku Charitable Trusts and its Entities
The Chinyere and Chinelo Ikoku Charitable Trusts and its entities, executively controlled and managed by Alvan Azinna Chibuzo Ikoku, the sole Founder and President.
Founder and President of The Ikoku Charitable Trusts
Alvan Azinna Chibuzo Ikoku, as sole Founder and President of The Ikoku Charitable Trusts.
Persons Authorized by Founder
natural persons officially authorized then appointed or employed by Alvan Azinna Chibuzo Ikoku, sole Founder and President of The Ikoku Charitable Trusts, via the Founder’s authorization, to commence or continue authorized conduct or service at, by, for, in, on, with or otherwise relating to The Ikoku Charitable Trusts, in a manner in accordance with the Codes and Policies.
‘You,’ ‘User,’ ‘Visitor’
reference to and use of the terms “you,” “your,” “user,” and “visiter” mean and refer only and specifically to:
Any Other Person Relating to Ikoku Trusts
with the exception of those defined above under “we,” “our,” and “us,” any person commencing or continuing conduct or service at, by, for, in, on, with or otherwise relating to The Ikoku Charitable Trusts.
Such Person Thus Entering into Agreement
such person as defined above entering into and thus subject to The Ikoku Charitable Trusts Conduct and Service Agreement.
Such Natural Person as Individual
such natural person as defined above commencing or continuing any of the aforementioned conduct or service as an independent individual.
Such Natural Person as Agent
such natural person as defined above commencing or continuing any of the aforementioned conduct or service as an agent, including employer or representative, of another person.
Such Legal Person as Entity
such legal person as defined above commencing or continuing any of the aforementioned conduct or service as an entity, office, organization, or equivalent.
B — Further Definitions
— Always Operative
always operative in the reference to and use of a given term or terms are the following clauses:
As Defined in References
the meaning of the term(s) as defined in applicable references (such as dictionaries) of long establishment, official or professional use, and regular and rigorous edition, erudition, revision, standardization, verification, and updated publication.
As Employed in Law and Regulation
where appropriate, further restricted to the meaning of the term(s) as employed in applicable law and regulation, including all that which is described as entailed in exercising and fulfilling the authorities, duties, obligations, powers, principles, processes, protections, requirements, responsibilities, rights, and equivalent associated with the term(s).
As Provided in Codes and Policies
and further restricted to the meaning of the term(s) as provided for in the Codes and Policies, including all that which is described as entailed in exercising and fulfilling the authorities, duties, obligations, powers, principles, processes, protections, requirements, responsibilities, rights, and equivalent associated with the term(s).
Specified Application or Interpretation
and further, whose application or interpretation has been appropriately specified to the relevant and specific industry and organizational context and set of facts for the issue or matter at hand.
Must Be Authorized and Permitted
with the attendant understanding that the above exercise or fulfillment relating to The Ikoku Charitable Trusts must be authorized, solely by the Founder, and permitted, under certain conditions, as provided for in the Codes and Polices and applicable law and regulation.
‘Act’ and ‘Activity’
reference to and use of the terms “act” and “activity” are employed interchangeably and mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Conduct or Service
further defined to apply and refer to an instance of “conduct or service, including any act, activity, agent, arrangement, asset, or involved material or matter.”
As Variously Conducted
further defined to mean and include an act or activity as variously conducted or effected and understood to always include clauses such as and equivalent to “attempted, brought about, carried out, coordinated, employed, encouraged, executed, facilitated, fostered, fulfilled, produced, resulted in, etc.”
As Variously Direct, Indirect
further defined to mean and include an act or activity as variously conducted or effected directly or indirectly and understood to always include clauses such as and equivalent to “in any way, directly or indirectly, by any manner, means, mechanism, method, or mode, and via any entity, office, or person.”
As Variously Executed
further defined to mean and include an act or activity as variously conducted, effected and executed by an agent or arrangement and understood to always include clauses such as and equivalent to “via any agent, such as an authority, contractor, employee, entity, fiduciary, manager, office, owner, partner, party, representative, stakeholder, user, visitor, volunteer, or equivalent, whether natural or legal person” and “via any arrangement, such as an agreement, collaboration, collusion, contract, coordination, instrument, instruction, partnership, sponsorship, or equivalent, whether legal, oral or written.”
As Variously Relating
further defined to mean and include an act or activity as variously relating to an entity, material, matter, object, or person, and understood to always include clauses such as and equivalent to “at, by, for, in, on, via, with, or otherwise relating to,” “associated with, containing, derived from, involving, producing, resulting in or otherwise relating to,” “belonging to, pertaining to or otherwise relating to” and “concerning, disclosing, identifying, referring to, revealing or otherwise relating to.”
As Variously Relating to Ikoku Trusts
when indicated as variously relating to The Ikoku Charitable Trusts, further defined to mean and include an act or activity as variously relating to “any acts, activities, affairs, agents, arrangements, areas, assets, offices, parts, properties, sections, or equivalent of The Ikoku Charitable Trusts, any acts, activities, affairs, agents, arrangements, areas, assets, offices, parts, properties, sections, or equivalent of the divisions, series, subsidiaries, or affiliates of The Ikoku Charitable Trusts, as well as any acts, activities, affairs, agents, arrangements, areas, assets, offices, parts, properties, sections, or equivalent of the Products or Services of The Ikoku Charitable Trusts.”
As Variously With Material
further defined to mean and include the aforementioned with use of the term “material” in this setting understood to always entail clauses such as and equivalent to “any involved material, such as any content, data, document, example, file, information, media, model, property, sample, specimen, or equivalent, etc.”
As Variously With Matter
further defined to mean and include the aforementioned with use of the term “matter” in this setting understood to always entail clauses such as and equivalent to “any involved matter, such as any case, idea, inquiry, issue, proceeding, question, subject, topic, or equivalent, etc.”
As Variously With Persons
further defined to mean and include the aforementioned with use of the terms “human being,” “individual,” and “person” in this setting understood to always entail clauses such as and equivalent to, where applicable, “personally disclosing, personally identifying, personally referring to, personally revealing, or otherwise relating to” and “associated with, attributable to, disclosing, identifying, revealing or otherwise relating to” either “an identifiable individual or person,” “an involved individual or person,” “an individual or person concerned,” “a specific individual or person,” or “a matter relating to” any of such persons.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized act or activity of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
Some Permitted
with the attendant understanding that any act or activity relating to The Ikoku Charitable Trusts must also be authorized, solely by the Founder, and permitted, under certain conditions, as provided for in the Codes and Polices and applicable law and regulation.
Some Prohibited
with the attendant understanding that an act or activity can be strictly prohibited, under any circumstances, by the Founder, the Codes and Polices, or applicable law or regulation.
Where Prohibited
with the attendant understanding that, where prohibited, an act or activity must not be conducted or effected “in any way, directly and indirectly, by any manner, means, mechanism, method, or mode, to any degree, under any circumstances, for any period of time, or for any perceived benefit, end, goal, good, interest, mission, need, objective, purpose, reason, or equivalent.”
‘Administration’ and ‘Administrative’
reference to and use of the terms “administration” and “administrative” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Including Aspects, Functions
further defined to mean and include all aspects and functions entailed in the administration, control, development, finances, formation, governance, management, operation, oversight, regulation, supervision, and equivalent of a body, company, entity, estate, office, organization, or equivalent.
As Including Associated, Involved
further defined to mean and include all conduct and service — as well as all associated acts, activities, agents, arrangements, assets and materials and matters — involved in the administration, control, development, finances, formation, governance, management, operation, oversight, regulation, supervision, and equivalent of a body, company, entity, estate, office, organization, or equivalent.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized administrative aspect or administration of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
and reference to and use of the term “The Ikoku Charitable Trusts Administration” mean and refer only and specifically to:
Administration
all entailed in the definition for the terms administrative and administration, further restricted for The Ikoku Charitable Trusts, as provided for in the Codes and Policies.
Administrative Activities
the administrative activities and documented decisions of The Ikoku Charitable Trusts, the Founder, Alvan Azinna Chibuzo Ikoku, its official persons, as well as other appointed, contracted, employed or otherwise engaged agents, employees, fiduciaries, volunteers, workers, and equivalent officially authorized to engage in such activities and decisions.
Administrative Areas
the administrative areas, offices, parts, sections, spaces, and equivalent of The Ikoku Charitable Trusts, the Founder, Alvan Azinna Chibuzo Ikoku, its official persons, as well as the aforementioned agents, employees, fiduciaries, volunteers, workers, and equivalent.
Equipment, Technologies
the computers, devices, equipment, servers, software, storage, technologies, and equivalent of The Ikoku Charitable Trusts.
Properties, Revenue
the assets, funds, monies, properties, revenue, and equivalent accrued, acquired, contained, developed, operationalized, stored or otherwise deployed, processed or utilized in relation to all of the aforementioned.
As Administered by Founder
with the Founder, Alvan Azinna Chibuzo Ikoku, as the sole person with powers of administration over any and all of the aforementioned, including powers required to access, acquire, administer, authorize, control, designate, determine, and provide access to any aspect of the aforementioned as well as powers required to coordinate or delegate any aspect of such administration.
As Determined by Founder
all of the aforementioned as acquired, donated, financed, purchased, received or otherwise engaged by means of The Ikoku Charitable Trusts and as administered, approved, authorized, designated, determined and documented as such solely by the Founder, Alvan Azinna Chibuzo Ikoku.
As Distinct, Separate from Personal
with the further requirement that The Ikoku Charitable Trusts ensure The Ikoku Charitable Trusts Administration is administratively and organizationally distinct and separate from that which is personal in effect, function, nature, use, or equivalent, with highly restricted points of access or other activity between the two, as authorized only by the Founder.
As Distinct, Separate from Public
with the further requirement that The Ikoku Charitable Trusts ensure The Ikoku Charitable Trusts Administration is administratively and organizationally distinct and separate from that which is public in effect, function, nature, use, or equivalent, with highly restricted points of access or other activity between the two, as authorized only by the Founder.
As Non-Extension
with the further requirement that The Ikoku Charitable Trusts ensure nothing that is personal or public is administered or otherwise construed as extensions of The Ikoku Charitable Trusts or The Ikoku Charitable Trusts Administration, and furthermore, any official activities, documented decisions, and other work of The Ikoku Charitable Trusts Administration are conducted at, by, via or within The Ikoku Charitable Trusts Administration, and whenever — in restricted circumstances authorized only by the Founder — such activities, decisions, or work are conducted via personal or public areas, devices, equipment, spaces, or equivalent, such areas, devices, equipment, spaces, or equivalent are not administered or otherwise construed as extensions of The Ikoku Charitable Trusts or The Ikoku Charitable Trusts Administration.
As Subject to Confidentiality
with the further requirement that The Ikoku Charitable Trusts ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Charitable Trusts Administration is administratively and organizationally confidential and thus subject to policies, principles, processes, and protections for confidentiality, as provided for in the Codes and Policies and applicable law and regulation.
As Subject to Independence
with the further requirement that The Ikoku Charitable Trusts ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Charitable Trusts Administration is administratively and organizationally independent and thus subject to policies, principles, processes, and protections for independence, as provided for in the Codes and Policies and applicable law and regulation.
As Subject to Integrity
with the further requirement that The Ikoku Charitable Trusts ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Charitable Trusts Administration is administratively and organizationally intact and internal and thus subject to policies, principles, processes, and protections for integrity, as provided for in the Codes and Policies and applicable law and regulation.
As Subject to Privacy
with the further requirement that The Ikoku Charitable Trusts ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Charitable Trusts Administration is administratively and organizationally private and thus subject to policies, principles, processes, and protections for privacy, as provided for in the Codes and Policies and applicable law and regulation.
As Subject to Safety
with the further requirement that The Ikoku Charitable Trusts ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Charitable Trusts Administration is administratively and organizationally safe and thus subject to policies, principles, processes, and protections for safety, as provided for in the Codes and Policies and applicable law and regulation.
As Subject to Security
with the further requirement that The Ikoku Charitable Trusts ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Charitable Trusts Administration is administratively and organizationally secure and thus subject to policies, principles, processes, and protections for security, as provided for in the Codes and Policies and applicable law and regulation.
As Subject to Sensitivity
with the further requirement that The Ikoku Charitable Trusts ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Charitable Trusts Administration is treated as administratively and organizationally sensitive and thus subject to policies, principles, processes, and protections for sensitivity, as provided for in the Codes and Policies and applicable law and regulation.
As Subject to Unity
with the further requirement that The Ikoku Charitable Trusts ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Charitable Trusts Administration is administratively and organizationally unified and thus subject to policies, principles, processes, and protections for unity, as provided for in the Codes and Policies and applicable law and regulation.
‘Affiliate’ and ‘Affiliation’
reference to and use of the terms “affiliate” and “affiliation” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official affiliate or affiliation of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Agent’
reference to and use of the term “agent” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official agent of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Agreement’
reference to and use of the term “agreement” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Where Preceded by Operating
further defined so that where preceded by the descriptor, “operating,” to mean and refer only and specifically to the Operating Agreement of a limited liability company.
Where Capitalized
further defined so that where preceded capitalized as “Agreement,” to mean and refer only and specifically to a Conduct and Use Agreement, whose nature is to serve as a Code of Conduct and User Agreement between an entity and a natural person engaging in conduct, service, use, or visit relating to such entity.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official agreement of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Applicable Law, Regulation’
reference to and use of the terms “applicable law” and “applicable regulation” mean and refer only and specifically to:
Mandatory Law and Regulation
a mandatory law and a mandatory regulation,
Government of Competent Jurisdiction
of an official government of competent jurisdiction agreed to by The Ikoku Charitable Trusts and the Founder,
Specified Application or Interpretation
whose application or interpretation has been appropriately specified to the relevant and specific industry and organizational context and set of facts for the issue or matter at hand,
Standard Compliance Means
the compliance to which is conducted only via standard means – that is, approved and employed by and for all, equally – of communication, review, and sanction between the official government and entities under its jurisdiction,
Broad Effect
whose effect broadly regulates the economy, field, industry, profession, sector, or equivalent in which The Ikoku Charitable Trusts operates and in which the act or activity in question or under review is conducted,
Judicial Review
whose application and interpretation regularly undergoes judicial review in official bodies, courts, and tribunals of competent jurisdiction agreed to by The Ikoku Charitable Trusts and the Founder,
Neither Discriminatory nor Targeting
whose application, crafting, design, enforcement, interpretation, passage, or equivalent does not entail or result in any discriminatory or targeting effect or intent with respect to The Ikoku Charitable Trusts or the Founder.
‘Appointee’ and ‘Appointment’
reference to and use of the terms “appointee” and “appointment” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official appointee or appointment of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Arguably’ and ‘Clearly’
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:
Specified Argument or Reasoning
a specifying instance of argumentation, deliberation, reasoning, or equivalent
Specified Assertion and Conjecture
that, in fact, asserts, conjectures, or hypothesizes as to the probability that
Specified Application or Interpretation
an application or interpretation of a law, policy, regulation, or equivalent — appropriately specified to the relevant and specific industry and organizational context and set of facts for the issue or matter at hand —
Would Meet Definition of Applicable
would meet the standards for “applicable” as defined in the Codes and Policies
Would Meet Definition of Clearly
and would additionally meet the standards for “clearly” as defined in the Codes and Policies.
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:
Specified Citation or Reference
a specifying instance of citation, reference, or equivalent
Specified Confirmation and Proof
that, in fact, confirms as to the actuality or proof that
Specified Application or Interpretation
an application or interpretation of a law, policy, regulation, or equivalent — appropriately specified to the relevant and specific industry and organizational context and set of facts for the issue or matter at hand —
Has Met Definition of Applicable
has met the standards for “applicable” as defined in the Codes and Policies
Has Undergone Judicial Review
and has recently — or even expressly — undergone full judicial review as described in the Codes and Policies.
‘Authorization’ and ‘Authorized’
reference to and use of the terms “authorization,” “authorize,” and “authorized” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as an act or activity of The Ikoku Charitable Trusts, only as executed by the Founder, Alvan Azinna Chibuzo Ikoku,
Only via Founder Instrument
and solely via the express, explicit, fully informed, independent and specific knowledge, review, consent, approval, and final authorization of the Founder, itself executed only via the Founder’s expressly written instrument signed and sealed, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Being,’ ‘Body,’ ‘Brain’
reference to and use of the terms “being,” “body,” and “brain” (entailing “mind”) mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of an Individual, Only of Individual
when indicated as belonging to or part of a human or individual, only those aspects of the one human or individual, including that being’s, body’s, or brain’s (as well as mind’s) activities, contents, and constituents.
Not of Collective or Other
and not to be construed as belonging to or part of any collective, communion, community, extension, externality, nor any other entity, human, individual, person, or equivalent.
‘Books’ and ‘Documents’
reference to and use of the terms “books” (entailing “records”) and “documents” (entailing “instruments”) mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be the official books (entailing records) or documents (entailing instruments) of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Certificate of Formation’
reference to and use of the term “certificate of formation” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and originally made, amendable and amended from time to time, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be the official Certificate of Formation of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Charge,’ ‘Fee,’ ‘Subscription’
reference to and use of the terms “charge,” “fee,” and “subscription” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized charge, fee, or subscription of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Charity’ and ‘Philanthropy’
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:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official charitable, nonprofit, philanthropic or public benefit activity or arrangement of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
Authorization with Each Instance
further restricted such that each form and instance of such activity or arrangement requires the Founder’s specifying authorization and, where applicable, a resolution of any relevant Board.
Sole Fundraiser on Record
further restricted such that where fundraising benefit or services is conducted or effected, only The Ikoku Charitable Trusts and the Founder, Alvan Azinna Chibuzo Ikoku, are the sole fundraisers on record, with compensation for such fundraising benefit or services (at a standard or, if greater, negotiated percentage rate of gross funds and other assets raised) provided only to The Ikoku Charitable Trusts and the Founder.
No Other Indication of Intent
further restricted such that no other conduct or service — including any activity, agent, arrangement, or involved material or matter — is capable of being accepted or construed or otherwise serving as an indication of intent for any assets, contributions, distributions, donations, funds, income, properties, resources, or any charitable, nonprofit, philanthropic or public benefit activity or arrangement, on the part of The Ikoku Charitable Trusts or the Founder; and with any such interpretation being expressly contrary to the intent of the Founder, of any properly authorized charitable, nonprofit, philanthropic or public benefit activity or arrangement, and of the mission and purposes as well as the Codes and Policies of The Ikoku Charitable Trusts.
Special Note on Ikoku Foundations and Philanthropies
furthermore, it must be noted that any such charitable, nonprofit, philanthropic or public benefit activity or arrangement will likely incur additional fiduciary duties and standards of care and conduct; and specifically, in the case of any such activity or arrangement The Ikoku Charitable Trusts and the Founder may properly authorize (as described above) with The Chinyere and Chinelo Ikoku Foundation, The Alvan Azinna Chibuzo Ikoku Foundation, or The Alvan Ikoku Philanthropies, such additional fiduciary duties and standards of care and conduct are as defined and delineated by the Founder in pertinent founding and governing documents, and it is the additional responsibility of the Founder, President and each Trustee, Director, Officer, and agent involved in such activity or arrangement to abide by such fiduciary duties and standards of care and conduct.
‘Clinical, Research Trial’
reference to and use of the terms “clinical trial” and “research trial”mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Where Systematic, Generalizable
further defined to mean and refer to a research or investigation study in which one or more human subjects are prospectively assigned to one or more interactions or interventions (which may include placebo or other control) to evaluate the effects of the interactions or interventions on biomedical, behavioral, physiological, psychological or technological outcomes.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized clinical trial or research trial of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Codes’ and ‘Policies’
reference to and use of the terms “codes” and “policies” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and originally made, amendable and amended from time to time, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be the official Codes and Policies of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Communication, Electronic’
reference to and use of the terms “communication” and “electronic communication,” including “electronic mail” and “electronic messaging,” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Written, Clear, Legible, No Inference
further restricted to mean and refer to an instrument that is expressly written, clearly legible and requires no inference (or “guesswork”) as to its content, meaning, purpose, recipient, sender, source, or writer.
Record Retained, Retrieved, Reviewed by Recipient
further restricted to mean and refer to an instrument creating a record that can without difficulty be retained, retrieved and reviewed by a recipient thereof, and if appropriate by other persons thereafter, through an automated process.
Record Reproduced by Recipient
further restricted to mean and refer to an instrument creating a record that can without difficulty be directly reproduced in clearly legible paper form by such a recipient, and if appropriate by other persons thereafter, through an automated process.
Record Later Rendered into Legible Form
further restricted to mean and refer to an instrument creating a record that can without difficulty thereafter be similarly rendered into clearly legible tangible form by such a recipient, and if appropriate by other persons thereafter, through an automated process.
Authorized Means of Communication
further restricted to mean and refer to an instrument whose form and means of communication and transmission have been authorized for the specified conduct or service — including any activity, agent, arrangement, or involved material or matter — relating to The Ikoku Charitable Trusts, solely by the Founder and by the Founder’s authorization.
Consented Means of Communication
further restricted to mean and refer to an instrument whose form and means of communication and transmission have been consented to for the specified conduct or service — including any activity, agent, arrangement, or involved material or matter — relating to The Ikoku Charitable Trusts, by all correspondents, recipients, senders, writers, and other persons concerned.
Revocable Consent by Recipient
further restricted to mean and refer to an instrument whose delivery is validly conducted and completed, and any contracts or agreements thereof dependably enforceable, only if delivered to a recipient who has provided revocable though unrevoked and written consent to the use of such form and means of transmission and communication for the specified purpose relating to The Ikoku Charitable Trusts.
Conditions of Recipient Consent
further restricted to mean and refer to an instrument whose delivery is validly conducted and completed, and any contracts or agreements thereof dependably enforceable, only if — in addition to satisfying the aforementioned conditions as well as the requirements for consent — the recipient consent to the form and means of transmission and communication has been preceded by or includes a clear written statement to the recipient as to:
Right of Recipient to Record
(a) any right of the recipient to have the record provided or made available on paper or in nonelectronic form.
Applicability of Consent to Communications
(b) whether the consent applies only to that communication and transmission, to specified categories of communications and transmissions, or to all communications and transmissions relating to The Ikoku Charitable Trusts.
Procedures to Withdraw Consent
(c) the procedures the recipient must use to withdraw consent.
Where Permissibly Electronic
further restricted to have the terms “electronic communication” and “transmission” be permitted, and so mean and refer to:
Electronic Mail
(i) electronic mail when directed to the consented and correct electronic mail address for that recipient as it appears listed on the records of The Ikoku Charitable Trusts.
Electronic Message
(ii) electronic text message when directed to the consented and correct electronic text message address or number or computer, mobile or web application account for that recipient as it appears listed on the records of The Ikoku Charitable Trusts.
Electronic Network, Noticeboard
(iii) electronic network or noticeboard when directed to the consented and correct computer, mobile or web application network or board that The Ikoku Charitable Trusts has designated for such communication and transmission, and optionally, with a separate notice to the recipient of the posting.
Facsimile
(iv) facsimile, fax, or telecopy communication and transmission, when directed to the consented and correct facsimile number for that recipient as it appears listed on the records of The Ikoku Charitable Trusts.
May Be Identifying, Personal
with the understanding that any communication, electronic or not, may be identifying if it is attributable to a specific natural person, has not undergone processes of irreversible anonymization and aggregation, and so has remained or returned to being personal.
May Still Be Protected
with the result that any such personal and nonpublic communication, as well as its access, collection, and other processing, require and remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation. For this reason, natural persons concerned should still, per Policy, ensure and verify that such protection, if warranted, has been and remains properly and truly conducted.
No Infringing Communication
with the further understanding that no means of communication, notice, notification, or transmission relating to The Ikoku Charitable Trusts can, may in itself entail any violation of confidentiality or privacy or any significant risk to the basic, civil and fundamental rights of a natural person — nor may the performance of any official agreements, contracts, duties or responsibilities of The Ikoku Charitable Trusts require such infringing means of communication, notice, notification, or transmission. Where the conditions above and in the Codes and Policies have not been met The Ikoku Charitable Trusts considers such communication, notice, notification, or transmission to have not been authorized and require that both the Founder be notified immediately and a remedy of the situation be promptly achieved.
‘Confidential’ and ‘Confidentiality’
reference to and use of the terms “confidential” and “confidentiality” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Agreed, Consented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, consented or otherwise understood to be confidential or requiring confidentiality.
As Demarcated, Designated
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is demarcated, designated or otherwise understood to be confidential or requiring confidentiality.
As Discussed, Expected
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is discussed, expected or otherwise understood to be confidential or requiring confidentiality, especially where an involved person expects that such matter will not be made public or shared with another person.
As Handled, Processed
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is handled, processed or otherwise understood to be confidential or requiring confidentiality.
As Routinely, Standardly
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is normally, routinely, standardly or otherwise typically confidential or requiring confidentiality.
As Not Widely Known
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is not generally, publicly and widely confirmed as knowledge via indisputable sources made generally, publicly and widely available and generally, publicly and widely acknowledged as fact by the identifiable natural person involved.
Where Expected or Requested
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects or requests that no access, monitoring, observation, recording, transmission, or equivalent occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the violation of such expectation unlawful, unconstitutional, illegal, and, in certain instances, criminal.
Where Not Consented or Unconsented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects to meaningfully provide consent, to be able to refuse or revoke consent, has not consented, or has revoked consent to allowing any access, monitoring, observation, recording, transmission, or equivalent to occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the absence or violation of such consent unlawful, unconstitutional, illegal, and, in certain instances, criminal.
Where Personal, Private, Sensitive
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, requested or otherwise understood to be personally identifying and private or requiring privacy, or sensitive or requiring sensitivity.
Examples of Confidential and Confidentiality
examples of which include, but are not limited to, materials and matters not mandatorily required to be disclosed or public relating to the administration of The Ikoku Charitable Trusts; those relating to the being, body, brain or mind, or the self, soul, or spirit of individual persons; those relating to the biometrics or biospecimens of persons; those relating to the characteristics or attributes of persons; those relating to the education or training of persons; those relating to evaluations or applications of persons; those relating to the finances or properties of persons; those relating to the health or care of persons; those relating to the identity or security of persons; those relating to investigative or legal proceedings of persons; those relating to the location or movements of persons; those relating to the research or study of persons; those relating to the status of persons protected by applicable law or regulation, with such persons especially including the Founder as well as any actual or potential appointee, contractor, donor, employee, fiduciary, manager, officer, partner, recipient, sponsor, third party, volunteer, or other agent of The Ikoku Charitable Trusts.
‘Consent’ and ‘Consented’
reference to and use of the terms “consent” and “consented” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Written, Authorized, Meeting Standards
further restricted to be only an indication on a written communication or instrument authorized for the specific consent purposes of The Ikoku Charitable Trusts, solely via the Founder’s authorization, and properly asking the informed consent of a natural person concerned in a manner that meets the following required standards:
Decision as to Permission for Specific Activity
the communication or instrument explicitly states a natural or legal person’s decision and wishes regarding permission for a specified activity or specified form of activity.
If Consent, Affirmative, Clear and Unambiguous
if permission is granted by the person (“consent”), the communication or instrument explicitly states that such consent is affirmative, clear and unambiguous.
If Consent, Revocable and Unrevoked
the communication or instrument explicitly states that the above consent is clearly unrevoked, though revocable.
Reasonably Informed
the communication or instrument explicitly states that the above consenting person is reasonably informed before, during and after the consent process and decisions.
Freely Given and Meaningful
the communication or instrument explicitly states that the above consent is freely given and meaningful.
Accessible, Clear and Informing Consent Request
the communication or instrument has been preceded by or includes an accessible, clear, easily legible and understandable, informing and written request for the above consent.
Clear Statement of Rights to Record
the communication or instrument has been preceded by or includes a clear written statement to the consenting person as to any right of such person to have and retain a record of the agreed consent in electronic, paper and in nonelectronic form.
Clear Application of Consent
the communication or instrument has been preceded by or includes a clear written statement to the consenting person as to whether the consent applies only to that specified activity, to specified categories or forms of that activity, or to all activity relating to The Ikoku Charitable Trusts.
Clear Revocation Process
and the communication or instrument has been preceded by or includes a clear written statement to the consenting person as to the procedures such person may use to revoke or withdraw consent.
Confirmed by Organization Processes
all of the above as confirmed – even repeated, where appropriate – via processes conducted by The Ikoku Charitable Trusts, via the Founder’s authorization, and not to be substituted by processes conducted by other persons.
Cannot be Oral, Vocal or Nonwritten
none of the above – nor its supposed agreement – being acceptable as consent when indicated, provided or otherwise received orally or vocally or via any form other than written.
Cannot be Presumed
none of the above – nor its supposed agreement – being acceptable as consent when presumed or equivalent.
As Further Required for Data and Information
furthermore, as required to meet standards delineated for personal data and information in the Policy on Data and Information.
As Further Required for Human Subjects Research
furthermore, as required to meet standards delineated for human subjects research in the Policy on Human Subjects Research and Investigation.
‘Contract’ and ‘Contractor’
reference to and use of the terms “contract,” “contractee,” and “contractor” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as an act or activity of The Ikoku Charitable Trusts, or a resultant agreer or signatory to said contract, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official contract of The Ikoku Charitable Trusts and a legally bound contractee or contractor
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Data Aggregation’
reference to and use of the terms “data aggregation” and “aggregated data” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Processing into Summary
further defined to mean and refer to processing where raw data and information are accessed and collected, deidentified and compiled, then transformed — from individual data points and persons to categories and ranges — and thus rendered in a summary form for statistical analysis.
Often Entailing Anonymization
further, such processing where anonymization (along with transformation) is often expected, preferred and, at times, required
Insights and Opportunities
further, where such aggregation of raw data and information is conducted to provide numerical and non-numerical insights, insights about a specific action or characteristics over time, opportunities for comparison with and across other similarly aggregated or prepared datasets, and greater opportunities for analysis, compiling and merging with multiple other similarly aggregated or prepared datasets.
‘Data Review Board’
reference to and use of the term “data review board” (also the “DRB”) mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Board for Data Ethics
further restricted to mean and refer to a board for data and information ethics evaluation
Per Policy Approval Duties
constituted and maintained in accordance with the Policy on Data and Information and for the purposes of determination, review, and approval or non-approval as provided for in this Policy
DRB Approval
with the understanding that reference to and use of the term “data review board approval” (also “DRB approval”) mean and refer only and specifically to determinations of the DRB that the data or information or their processing has been reviewed and may be conducted or otherwise processed at, by or in a specific part, product, section, service, or site of The Ikoku Charitable Trusts within the constraints set forth by the DRB, the Policy on Data and Information, the Codes and Polices, and applicable law and regulation.
‘Decision’ and ‘Decision-Making’
reference to and use of the terms “decision” and “decision-making” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official decision or decision-making process of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘De-identification’
reference to and use of the terms “de-identification,” “de-identifying,” and “de-identified” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As in Processing, Research
further defined to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of any personal biospecimen, data, or information by means or method that, presently, no longer results in identification, either directly or indirectly.
As in De-linking, Uncoupling
further defined to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of any personal biospecimen, data, or information by means or method that de-links or uncouples the connection between the personal biospecimen, data, or information and the identity of the person concerned, but also keeps identifying information that can — relatively easily or quickly — be recoupled or re-linked in certain situations and for certain purposes.
Still Personal
with the understanding that any such biospecimen, data, or information that has undergone a process of de-identification or been described as “de-identifying” or “de-identified” remains personal, since it could still be used to identify a natural person concerned, for example, when combined with additional information like a security code, key, number, password, or question.
Still Protected
with the result that any such de-identified personal biospecimen, data, or information, as well as its access, collection, and other processing, require and remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation. For this reason, natural persons concerned should still, per Policy, ensure and verify that such de-identification has been and remains properly and truly conducted.
Hence Distinctions
hence The Ikoku Charitable Trusts’s efforts to make clear distinctions between it use of the terms de-identification, non-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
‘Employee’ and ‘Employment’
reference to and use of the terms “employee” and “employment” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official employee or employment of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Executive’ and ‘Officer’
reference to and use of the terms “executive” and “officer” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only the Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku,
No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Executive” and the “sole Officer”).
‘Fiduciary,’ ‘Director,’ ‘Trustee’
reference to and use of the terms “fiduciary,” “director,” and “trustee” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only the Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku,
No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Director” and the “sole Trustee”).
‘Founder’ and ‘President’
reference to and use of the terms “founder” and “president” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only One Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku,
No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Founder” and the “sole President”).
‘Government, Judicial Review’
reference to and use of the terms “government review” and “judicial review” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
By Official Body, Court, Tribunal
further restricted to mean and refer to full review of the issue in question — including, where appropriate, an appeals process or equivalent — by official bodies, courts, and tribunals of an official government and competent jurisdiction agreed to by The Ikoku Charitable Trusts and the Founder, Alvan Azinna Chibuzo Ikoku, solely via the Founder’s authorization.
Applicable Law and Regulation
further, as conducted via application and equivalent interpretation of applicable law and regulation.
Clearly Lawful Process, Result
further, as conducted to maintain and produce a process and result that is “clearly lawful” or equivalent, such as “clearly constitutional” and “clearly ethical,” especially where all due process rights and protections, other judicial and justice rights and protections, and other rights and protections, such as those pertaining to confidentiality and privacy, are fully enjoyed by The Ikoku Charitable Trusts and the Founder.
Prior and Informing Notice
further, where onset of official proceedings are preceded by legally sufficient written notice properly and successfully served to The Ikoku Charitable Trusts and the Founder, where, furthermore, both are directly, fully and immediately informed of the specifics of the issue in question, claimed or to be determined and of the specifics of the official proceeding, including confirmation of such proceeding via written instrument signed and sealed of the official body, court, or tribunal of competent and agreed jurisdiction.
Sufficient Opportunity for Response and Defense
further, where prior to the onset of any body, court or tribunal proceeding and any attendant determination, finding, holding, judgment, or equivalent, The Ikoku Charitable Trusts and the Founder are given sufficient opportunity to prepare and provide counter, defense, remedy, or other response, with respect to the body, court or tribunal proceeding and to the specifics of the issue in question, claimed or to be determined.
Fully Informing Communication
further, where The Ikoku Charitable Trusts and the Founder are directly, fully and immediately informed of any subsequent decision, determination, finding, holding, judgment, or equivalent, and any attendant damages, interests, or equivalent remunerative or substantive award or relief, by written instrument signed and sealed of the body, court or tribunal of competent and agreed jurisdiction.
Determination Limited to Jurisdiction
further, where any decision, determination, finding, holding, judgment, or equivalent, and any attendant damages, interests, or equivalent remunerative or substantive award or relief is limited in effect to the competent and agreed jurisdiction of the body, court, or tribunal, without affecting, in any way, the specified issue in question or under review in any other jurisdiction.
‘Health Care Operations’
reference to and use of the term “health care operations” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Health Care Administration and Management
further defined to entail business management and general administrative activities of the health care entity, including, but not limited to: (a) management activities relating to implementation of and compliance with the requirements of regulation; (b) customer service, including the provision of data analyses for policy holders, plan sponsors, or other customers, provided that protected health information is not disclosed to such policy holder, plan sponsor, or customer; (c) resolution of internal grievances; (d) sale, transfer, merger, or consolidation of all or part of the health care entity with another entity, or an entity that following such activity will become the health care entity and due diligence related to such activity; and (e) creating de-identified health information or a limited data set, and fundraising for the benefit of the health care entity.
Health Care Compliance
further defined to entail conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs.
Health Care Insurance
further defined to entail underwriting, enrollment, premium rating, and other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care (including stop-loss insurance and excess of loss insurance), provided that certain US-mandated requirements of are met, if applicable.
Health Care Personnel
further defined to entail reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance, health plan performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of non-health care professionals, accreditation, certification, licensing, or credentialing activities.
Health Care Planning and Development
further defined to entail business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the entity, including formulary development and administration, development, or improvement of methods of payment or coverage policies.
Health Care Quality, Safety, Costs and Coordination
further defined to entail conducting quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, provided that the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; patient safety activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment.
‘Human Subject’
reference to and use of the terms “human subject,” “human subject under study,” and “human subject concerned” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
In Research and Investigation
further restricted to mean and refer to, in the context of research or investigation, a living individual or natural person about or from whom a researcher or investigator (whether non-professional, professional or student) conducting research or investigation
Directly Obtains and Processes
directly obtains biospecimens, data, or information through interaction or intervention with the individual, and analyzes, studies, uses or otherwise processes the biospecimens, data, or information.
Indirectly Obtains and Processes
analyzes, generates, obtains, studies, uses, or otherwise processes identifiable biospecimens, identifiable private or sensitive data, or identifiable private or sensitive information.
‘Identification’ and ‘Identifier’
reference to and use of the terms “identification,” “identifiable,” “identified,” “identifier,” and “identifying” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Directly Identifying, Matter
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement — involving material or matter that identifies a specific natural person concerned, either by ascertaining the person’s identity; associating, attributing, or otherwise relating such identity with the material or matter; associating, attributing, or otherwise relating such person with the material or matter; or using the material or matter to communicate with or contact such person.
Directly Identifying, Means
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — via means or method that identifies a specific natural person concerned, either by ascertaining the person’s identity; associating, attributing, or otherwise relating such identity with the means or method; associating, attributing, or otherwise relating such person with the means or method; or using the means or method to communicate with or contact such person.
Indirectly Identifying, Matter
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement — involving material or matter that in association with other matter or means may be used to, as above, contact, identify, or otherwise relate to a specific natural person concerned.
Indirectly Identifying, Means
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — via means or method that in association with other matter or means may be used to, as above, contact, identify, or otherwise relate to a specific natural person concerned.
Via Identifier, Identifying
further defined to mean and refer to the above instance or process of “identification” proceeding via the use of or reference to an “identifier” or a combination of “identifying information,” with examples of such identifiers or identifying data and information including material or matter that contains or reveals a location, name, number (identification, phone, serial), online identity (username), service or device identity (IP address), or behavioral, cultural, economic, financial, genetic, mental, physical, physiological, psychological, religious, social or spiritual characteristics or identity of a specific natural person.
As Applies to Processing, Research
with the understanding that all of the aforementioned further applies in the context of data and information processing or research and investigation, to mean and refer to the access, collection, or other processing of any biospecimen, data, or information involving matter or means that does or may result in identification, either directly or indirectly.
Concerning Identifiable Person
further defined to have an “identifiable person” mean and refer to a specific individual or natural person who can thus be directly or indirectly identified, with The Ikoku Charitable Trusts also referring to such identifiable person as a “natural person who is a subject of, or identifiable by, the biospecimen, data, or information” as well as a “natural person concerned,” and such identifiable person also known as a “data subject” in the European Union’s GDPR law and included in the definition and use of “consumer” in the California Consumer Privacy Act (CCPA).
Concerning Identifiable Specimen
further defined to have an “identifiable biospecimen” mean and refer to a biospecimen that results in identification, either directly or indirectly, with respect to a human subject or natural person; as well as a means or method of accessing, collecting, or otherwise processing an biospecimen that results in identification, either directly or indirectly, with respect to a human subject or natural person.
Still Personal
with the understanding that such conduct or service — including any activity, agent, arrangement, or involved material or matter — are and remain personal, as defined in the Codes and Policies.
Still Protected
with the understanding that such conduct or service — including any activity, agent, arrangement, or involved material or matter — require and remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation.
‘Informed’ and ‘Informing’
reference to and use of the terms “informed” and “informing” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Written, Authorized, Meeting Standards
further restricted to be only a written communication, instrument, or notification authorized for the specific informing purposes of The Ikoku Charitable Trusts, solely via the Founder’s authorization, and properly informing a natural person concerned in a manner that meets the following required standards:
Informing, Specific Activity
the communication, instrument, or notification explicitly states the ethical, lawful and specific conduct or service — including any activity, agent, arrangement, or involved material or matter — to be commenced or continued specifically relating to the person being informed.
Informing, Specific Aim
the communication, instrument, or notification explicitly states the ethical, lawful and specific aim, goal, objective, or purpose of the above conduct or service to be commenced or continued specifically relating to the person being informed.
Informing, Specific Benefits
the communication, instrument, or notification explicitly states the ethical, lawful and specific benefits to the person being informed of commencing and continuing the above conduct or service.
Informing, Specific Costs
the communication, instrument, or notification explicitly states the ethical, lawful and specific costs to the person being informed of commencing and continuing the above conduct or service.
Informing, Specific Duration and Time
the communication, instrument, or notification explicitly states the ethical, lawful and specific durations and time considerations involved in commencing and continuing the above conduct or service.
Informing, Specific Manner
the communication, instrument, or notification explicitly states the ethical, lawful and specific manner, means, method, or mode involved in commencing and continuing the above conduct or service.
Informing, Specific Materials
the communication, instrument, or notification explicitly states the ethical, lawful and specific materials — or categories or types of materials — involved in commencing and continuing the above conduct or service.
Informing, Specific Matters
the communication, instrument, or notification explicitly states the ethical, lawful and specific matters — or categories or types of matters — involved in commencing and continuing the above conduct or service.
Informing, Specific Persons
the communication, instrument, or notification explicitly states the ethical, lawful and specific persons — or categories or types of persons — involved in commencing and continuing the above conduct or service.
Informing, Specific Risks
the communication, instrument, or notification explicitly states the ethical, lawful and specific risks to the person being informed — including but not limited to harms and their effect, extent, likelihood, remedy — of commencing and continuing the above conduct or service.
Informing, Specific Safeguards
the communication, instrument, or notification explicitly states the ethical, lawful and specific safeguards and protections of the benefits and against risks to the person being informed of commencing and continuing the above conduct or service.
Informing, Specific Status
the communication, instrument, or notification explicitly states the ethical, lawful and specific procedures of keeping the person informed of the status of the above conduct or service to be commenced or continued.
Informing, Voluntary
the communication, instrument, or notification explicitly states the ethical, lawful and specific means by which the person may voluntarily give, maintain, or revoke informed consent for the above conduct or service to be commenced or continued.
Confirmed by Organization Processes
all of the above as confirmed – even repeated, where appropriate – via processes conducted by The Ikoku Charitable Trusts, via the Founder’s authorization, and not to be substituted by processes conducted by other persons.
Cannot be Oral, Vocal or Nonwritten
none of the above being acceptable as informing when indicated, provided or otherwise received orally or vocally or via any form other than written.
Cannot be Presumed
none of the above being acceptable as informing when presumed or equivalent.
As Further Required for Data and Information
furthermore, as required to meet standards delineated for personal data and information in the Policy on Data and Information.
As Further Required for Human Subjects Research
furthermore, as required to meet standards delineated for human subjects research in the Policy on Human Subjects Research and Investigation.
‘Infringement’ and ‘Violation’
reference to and use of the terms “infringement” and “violation” are employed interchangeably and mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Including Synonyms
each further defined to, where appropriate, also include synonyms such as “attack,” “breach,” “diminishment,” “disruption,” “hack,” “impediment,” “impingement,”“interference,” “manipulation,”“misuse,” “takeover,” “theft,” “trespass,” etc.
Of Policies, Properties, Protections
each further defined to, where appropriate, especially apply with respect to the Codes and Policies, applicable law and regulation, and equivalent, as well as to areas, assets, entities, interests, offices, operations, parts, products, properties, protections, rights, safeguards, security, services, sites, and equivalent.
‘Intellectual Property’
reference to and use of the term “intellectual property” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Exemplified By
further defined to mean and refer to material and matter that typically exemplify intellectual and associated real property, such as the arts, articles of manufacture, compositions of matter, copyrights, designs, logos, machines, names, patents, processes, slogans, symbols, service- and trademarks, scholarship, writing, and equivalent.
As Including Protectable, Rights
further defined to mean and refer to any material or matter that is copyrightable, patentable, service- or trademarkable; that may be applied for and registered as a copyright, patent, service- or trademark, or equivalent; that may be licensed as any of the aforementioned; and that entails intellectual property and proprietary rights that may be enforced, infringed, managed, owned, shared, or equivalent.
When via Ikoku Trusts, of Ikoku Trusts
further defined to mean and refer to any real and intellectual property and proprietary rights whose creation or development, in any way, entails, involves, or proceeds via The Ikoku Charitable Trusts, especially via any conduct or service at, by, for, in, of, with or otherwise relating to The Ikoku Charitable Trusts — including any involved activity, agent, arrangement, or involved material or matter — with such being legally understood to be the real and intellectual property and proprietary rights of The Ikoku Charitable Trusts, executively controlled and managed by the Founder, as provided for in the Policy on Intellectual Property.
When not via Ikoku Trusts, External
further, that “external intellectual property” mean and refer only and specifically to such intellectual property whose creation or development does not, in any way, entail, involve, or proceed via The Ikoku Charitable Trusts, especially via any conduct or service at, by, for, in, of, with or otherwise relating to The Ikoku Charitable Trusts — including any involved activity, agent, arrangement, or involved material or matter — with such being legally understood to be still possibly under license to The Ikoku Charitable Trusts, wholly managed by the Founder, as provided for in the Policy on Intellectual Property.
‘Interaction, Research’
reference to and use of the term “interaction” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Further Defined, Research
further defined to mean and refer to, in the context of research or investigation, communication or interpersonal contact between a researcher or investigator and a human subject, either for research or investigation purposes or as part of activity determined to constitute research or investigation.
Further Defined, Benign
further defined to have, in the context of research or investigation, reference to and use of the terms “benign interactions” and “benign behavioral interactions” mean and refer to interactions that undergo rigorous research risk assessment and consent procedures, and subsequently confirmed in writing by the human subject, institutional review board and researcher or investigator to be: (a) brief in duration; (b) harmless; (c) painless; (d) not physically invasive; (e) not likely to have a significant adverse lasting impact on the human subject; and (f) neither demeaning, embarrassing, emotionally abusive or distressing nor offensive.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized interaction by or of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Interest-, Share-, Stockholder’
reference to and use of the terms “interest-holder,” “shareholder,” “stakeholder,” and “stockholder” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only the Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku,
No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Interest-holder” the “sole Shareholder” and the “sole Stockholder”).
‘Intern’ and ‘Volunteer’
reference to and use of the terms “intern” and “volunteer” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official intern or volunteer of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Internal Review Board’
reference to and use of the term “internal review board” (also the “IRB”) mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Board for Research Ethics
further restricted to mean and refer to a board for research and investigation ethics evaluation
Per Policy Approval Duties
constituted and maintained in accordance with the Policy on Human Subjects Research and Investigation and for the purposes of determination, review, and approval or non-approval as provided for in this Policy
IRB Approval
with the understanding that reference to and use of the term “internal review board approval” (also “IRB approval”) mean and refer only and specifically to determinations of the IRB that the research or investigation has been reviewed and may be conducted or otherwise processed at, by or in a specific part, product, section, service, or site of The Ikoku Charitable Trusts within the constraints set forth by the IRB, the Policy on Human Subjects Research and Investigation, the Codes and Polices, and applicable law and regulation.
‘Intervention, Research’
reference to and use of the term “intervention” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Further Defined, Research
further defined to mean and refer to, in the context of research or investigation, both:
— (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.
Further Defined, Benign
further defined to, in the context of research or investigation, have reference to and use of the terms “benign interventions” and “benign behavioral interventions,” mean and refer to interactions that undergo rigorous research risk assessment and consent procedures, and are subsequently confirmed in writing by the human subject, institutional review board and researcher or investigator to be: (a) brief in duration; (b) harmless; (c) painless; (d) not physically invasive; (e) not likely to have a significant adverse lasting impact on the human subject; and (f) neither demeaning, embarrassing, emotionally abusive or distressing nor offensive.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized intervention by or of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Irreversible Anonymization’
reference to and use of the terms “irreversible anonymization,” “anonymization,” and “anonymized” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As in Processing, Research
further restricted to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of personal biospecimens, data, or information by means or method that, irreversibly, does not permit and moreover prevents the biospecimens, data, or information from resulting in either identification or becoming, in any way, personal biospecimens, data, or information.
When Anonymized
further, only after biospecimens, data, or information have undergone processes of irreversible anonymization, and thus become irreversibly anonymized, may such be described as “anonymized” biospecimens, data, or information
May Not Need Protection
with the result that such anonymized biospecimens, data, or information, as well as its access, collection, or other processing, may not require nor need remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation.
Still Concern, Un-anonymized
with further note that there are ongoing concerns that such “anonymized” biospecimens, data, or information may possibly and technically become comparatively or increasingly “un-anonymized” or even personal, for example, when cross-referenced with datasets or information specifying physical and temporal location, or when subjected to certain methods of data aggregation, preparation, and mining. For this reason, natural persons concerned should still, per Policy, ensure and verify that such irreversible anonymization has been and remains properly and truly conducted.
Hence Distinctions
hence The Ikoku Charitable Trusts’s efforts to make clear distinctions between it use of the terms de-identification, non-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
‘License’ and ‘Licensee’
reference to and use of the terms “license,” “licensee,” and “licensor” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized license, licensee, or licensor of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Manager’ and ‘Member’
reference to and use of the terms “manager” and “member” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only the Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku,
No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Manager” and the “sole Member”).
‘Meeting’
reference to and use of the term “meeting” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official meeting of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Minimal Risk’
reference to and use of the term “minimal risk” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Normal Magnitude, Probability of Harm
further defined to mean and refer to the likelihood, magnitude, and probability of physical or psychological harm that is normally encountered
In Daily Lives
in the daily lives of — healthy, undiscriminated and unharassed — natural persons
In Routine Situations
including, where applicable, in routine professionally licensed or regulated economic, educational, health or therapeutic (e.g. dental, medical, psychological), occupational, regulatory, service, or equivalent activities, environments, procedures, or situations.
‘Non-Identification’
reference to and use of the terms “non-identification” and “non-identifying” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Non-Identifying, Matter
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information that does not permit, require, or result in identification, either directly or indirectly.
Non-Identifying, Means
further defined to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of any biospecimen, data, or information via means or method that does not permit, require, or result in identification, either directly or indirectly.
Possibly Still Personal
with the understanding that any biospecimen, data, or information that has undergone a process of non-identification or been described as “non-identifying” may still be personal, since it could still be used to identify a natural person concerned, for example, when combined or cross-referenced with additional identifying information or data sets.
Possibly Still Protected
with the result that any such non-identifying personal biospecimen, data, or information, as well as its access, collection, or other processing, may require and remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation. For this reason, natural persons concerned should still, per Policy, ensure and verify that such non-identification has been and remains properly and truly conducted.
Hence Distinctions
hence The Ikoku Charitable Trusts’s efforts to make clear distinctions between it use of the terms de-identification, non-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
‘Notice’ and ‘Notification’
reference to and use of the terms “notice” and “notification” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Written, Authorized, Meeting Standards
further restricted to be only a written communication or instrument authorized for the specific notice or notification purposes of The Ikoku Charitable Trusts, solely via the Founder’s authorization, with the delivery and giving of said notice or notification deemed properly initiated and completed only if conducted in a manner that meets the following required standards:
Where Consented and Correct
where the notice or notification is conducted via a method consented to by the recipient for notice and notification purposes, and sent via the correct electronic, facsimile or physical mailing address or number consented to and designated by the recipient for such purposes, or if none is designated, at the correct address or number of the recipient as it appears listed on the records of The Ikoku Charitable Trusts, as well as via any of the options below:
Where Sent via Electronic Mail
where the notice or notification is sent via electronic communication or transmission entailing electronic mail, via computer, mobile or web application, and further deemed “delivered” and “given” on the date on record of communication or transmission.
Where Sent via Electronic Message
where the notice or notification is sent via electronic communication or transmission entailing electronic text message, via computer, mobile or web application, and further deemed “delivered” and “given” on the date on record of communication or transmission.
Where Sent via Electronic Network, Noticeboard
where the notice or notification is sent via electronic communication or transmission entailing electronic network or noticeboard, via computer, mobile or web application, and further deemed “delivered” and “given” on the date on record of communication or transmission.
Where Sent via Facsimile Telecopy
where the notice or notification is sent by facsimile, fax, or telecopy transmission, and further deemed “delivered” and “given” on the date and time on record of transmission.
Where Sent via Postal Mail
where the notice or notification is sent via postal mail, and further deemed “delivered” and “given” when full postage prepaid thereon and deposited in the United States Postal Services system.
Where Sent via Special Courier
where the notice or notification is sent via special courier service, and further deemed “delivered” and “given” on the date of actual receipt of such notice or notification by the recipient.
Where Served in Person
where the notice or notification is served in person, and further deemed “delivered” and “given” on the date on record of service.
‘Office’ and ‘Work Area’
reference to and use of the terms “office” and “work area” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official office or work area of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Official Persons’
reference to and use of the term “official person” mean and refer only and specifically to:
As Always Operative
the meaning of the term as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Engaged for Official Acts
further restricted to mean and refer to a natural or legal person appointed, contracted, employed or otherwise engaged for conduct or service — including any activity, agent, arrangement, or involved material or matter — that constitutes an official act of an entity, office, or person, or, especially, pertains to the administration of an entity, office, or person.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official person of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Partner’ and ‘Partnership’
reference to and use of the terms “partner” and “partnership” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official partner or partnership of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Personal Data, Information’
reference to and use of the terms “personal data,” “personal data,” and “personal information” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Directly Personal, Matter
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information — including any involved material or matter — that identifies a specific natural person concerned, either by ascertaining the person’s identity; associating, attributing, or otherwise relating such identity with the biospecimen, data, or information; associating, attributing, or otherwise relating such person with the biospecimen, data, or information; or using the biospecimen, data, or information to communicate with or contact such person.
Directly Personal, Means
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information whose access, collection, or other processing is conducted via means or method — including any activity, agent, arrangement, or involved material or matter — that identifies a specific natural person concerned, either by ascertaining the person’s identity; associating, attributing, or otherwise relating such identity with the means or method; associating, attributing, or otherwise relating such person with the means or method; or using the means or method to communicate with or contact such person.
Indirectly Personal, Matter
further defined to mean and refer toto mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information — including any involved material or matter — that in association with other matter or means results in identification, and so may be used to contact, identify, or otherwise relate to a specific natural person concerned.
Indirectly Personal, Means
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information whose access, collection, or other processing is conducted via means or method — including any activity, agent, arrangement, or involved material or matter — that in association with other matter or means results in identification, and so may be used to contact, identify, or otherwise relate to a specific natural person concerned.
Still Protected
with the understanding that such personal biospecimen, data, or information or its processing — including any activity, agent, arrangement, or involved material or matter — require and remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation.
‘Privacy’ and ‘Private’
reference to and use of the terms “privacy” and “private” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Agreed, Consented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, consented or otherwise understood to be private or requiring privacy.
As Demarcated, Designated
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is demarcated, designated or otherwise understood to be private or requiring privacy.
As Discussed, Expected
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is discussed, expected or otherwise understood to be private or requiring privacy, especially where an involved person expects that such matter will not be made public or shared with another person.
As Handled, Processed
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is handled, processed or otherwise understood to be private or requiring privacy.
As Routinely, Standardly
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is normally, routinely, standardly or otherwise typically private or requiring privacy.
As Not Widely Known
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is not generally, publicly and widely confirmed as knowledge via indisputable sources made generally, publicly and widely available and generally, publicly and widely acknowledged as fact by the identifiable natural person involved.
Where Expected or Requested
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects or requests that no access, monitoring, observation, recording, transmission, or equivalent occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the violation of such expectation unlawful, unconstitutional, illegal, and, in certain instances, criminal.
Where Not Consented or Unconsented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects to meaningfully provide consent, to be able to refuse or revoke consent, has not consented, or has revoked consent to allowing any access, monitoring, observation, recording, transmission, or equivalent to occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the absence or violation of such consent unlawful, unconstitutional, illegal, and, in certain instances, criminal.
Where Personal, Confidential, Sensitive
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, requested or otherwise understood to be personally identifying and confidential or requiring confidentiality, or sensitive or requiring sensitivity.
Examples of Privacy and Private
examples of which include, but are not limited to, materials and matters not mandatorily required to be disclosed or public relating to the administration of The Ikoku Charitable Trusts; those relating to the being, body, brain or mind, or the self, soul, or spirit of individual persons; those relating to the biometrics or biospecimens of persons; those relating to the characteristics or attributes of persons; those relating to the education or training of persons; those relating to evaluations or applications of persons; those relating to the finances or properties of persons; those relating to the health or care of persons; those relating to the identity or security of persons; those relating to investigative or legal proceedings of persons; those relating to the location or movements of persons; those relating to the research or study of persons; those relating to the status of persons protected by applicable law or regulation, with such persons especially including the Founder as well as any actual or potential appointee, contractor, donor, employee, fiduciary, manager, officer, partner, recipient, sponsor, third party, volunteer, or other agent of The Ikoku Charitable Trusts.
‘Process’ and ‘Processing’
reference to and use of the terms “processing,” “process,” and “processed” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As in Data, Information, Research
further defined to mean and refer to, in the context of data and information or research and investigation, activities or operations or sets of activities or operations that are performed on any biospecimen, data, or information or on their sets — whether confidential, identifiable, identifying, personal, private, sensitive or not — and whether or not by automated means.
As When Restricted
further defined, in the context of data and information or research and investigation, to have the term “restriction of processing” mean and refer to any such activities or operations or sets of activities or operations which mark any stored biospecimen, data, or information, or its sets, with the aim of limiting its processing in the future.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized process or processing of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Profile’ and ‘Profiling’
reference to and use of the terms “profile” and “profiling” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As in Data, Information, Research
further defined to mean and refer to any data or information processing or research and investigation conducted to analyze, evaluate, predict, or otherwise make decisions concerning aspects, attributes, or characteristics relating to a natural person, for example, an individual’s behavior or habits, choices or decision-making, economic or financial situation, health, fitness or wellness, hobbies or interests, location or movements, performance at work, personal preferences, psychology, reliability, rest or sleep, etc.
Where Automated
further defined, in the context of data and information processing or research and investigation, to have the terms “automated individual decision-making” and “automated decision-making” mean and refer to any such profiling primarily or solely conducted by automated means — using, for instance, algorithms, artificial intelligence, or machine-learning — with the understanding that such automated decision-making often involves limited or no human participation in the analysis, equally limited human discernment in the decision-making, and thus reduced opportunity for holding an entity accountable or responsible when errors or adverse effects result.
Where Occurring
with the understanding that profiling may be occurring when an entity, office, or person is:
Occurring, Collecting
(a) collecting personal biospecimens, data, or information about a natural person from a variety of sources, some publicly accessible, some thought private;
Occurring, Analyzing
(b) analyzing the collected personal biospecimens, data, or information on an intimate or large scale, for aspects, attributes, or characteristics of the natural person concerned and other individuals;
Occurring, Associating
(c) looking for associations in the collected biospecimen, data, or information to identify correlations between those aspects, attributes, or characteristics and behaviors of the natural person concerned and other individuals;
Occurring, Profile-Creating
(d) creating profiles that can be associated with, applied to and tracked with the natural person concerned;
Occurring, Predicting
(e) predicting behavior based on the assigned, applied or tracked profiles; or
Occurring, Decision-Making
(f) making decisions about the natural person concerned based on assessments during this process.
Decisions with Legal Effects
with the understanding that such profiling, especially their decisions and predictions, often have or lead to legal or similarly significant effects for a natural person concerned, whose consequences and implications warrant ethical attention, especially since finding an association or correlation in the sets of collected biospecimens, data, or information does not mean that it is significant or that it would be accurate, appropriate, correct or ethical to use it in making the decisions in question.
Warranting Protections
with the understanding, therefore, that conduct or service entailing profiles or profiling — including any activity, agent, arrangement, or involved material or matter — require and remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation.
Warranting Risk Minimizing
with the further understanding that natural persons concerned should, per Policy, ensure and verify that such profiling has been and remains properly conducted and, moreover, does not incur high or even more than minimal risk to the natural person concerned. Such risk vigilance and minimization may be fulfilled by ensuring:
Risk Minimizing, Informing
(i) that the natural person concerned be reasonably informed before, during and after the processing or research;
Risk Minimizing, Prohibiting
(ii) that in certain instances — where the individual is a child — such processing and research be strictly prohibited;
Risk Minimizing, Protecting
(iii) that in other instances — where sensitive biospecimens, data, and information are involved — additional protections be in place;
Risk Minimizing, Assessing
(iv) that in other instances — for instance, large-scale processing, or monitoring a publicly accessible place — such collected biospecimens, data, or information and their associated risks be minimized by conducting a “processing risks assessment,” “profiling risks assessment” or a “research risks assessment” then addressing any concerns found; and finally
Risk Minimizing, Consenting
(v) that the natural person concerned be asked to consent, where such person is, following a reassuring risks assessment, permitted to consent.
‘Pseudo-anonymization, -nymization’
reference to and use of the terms “pseudo-anonymization,” “pseudonymization,” and “pseudonymized” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Pseudonymized, Matter
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information that does not permit or result in identification, either directly or indirectly, without the use of additional information kept separately and subject to “technical and organizational measures” to ensure such non-identification.
Pseudonymized, Means
further defined to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of any biospecimen, data, or information via means or method that does not permit or result in identification, either directly or indirectly, without the use of additional information kept separately and subject to “technical and organizational measures” to ensure such non-identification.
Pseudonymized, Means
with the understanding that pseudonymization is typically employed to make processing and research highly protective and respectful of consent, confidentiality, privacy, and security as well as for-purpose-only uses with respect to the natural person concerned and the biospecimen, data, or information; thus the “technical and organizational measures” (required, for example, by the European Union’s GDPR law) serve as a means to increase protections around “re-identifying information” that — when necessary or upon an authorized or authenticated user’s request — could be combined to re-attribute personal biospecimens, data, and information to a natural person concerned.
Still Personal
with the understanding that any biospecimen, data, or information that has undergone a process of pseudonymization or been described as “pseudonymized” remain personal, since it could still be, and is often expressly designed to be, used to identify a natural person concerned, for example, when locked-out users request to regain access to their account or stored content.
Still Protected
with the result that any such pseudonymized personal biospecimen, data, or information, as well as its access, collection, or other processing, require and remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation. For this reason, natural persons concerned should still, per Policy, ensure and verify that such irreversible pseudonymization has been and remains properly and truly conducted.
Hence Distinctions
hence The Ikoku Charitable Trusts’s efforts to make clear distinctions between it use of the terms de-identification, non-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
‘Representation’ and ‘Representative’
reference to and use of the terms “representation” and “representative” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official representation or representative of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Research’ and ‘Investigation’
reference to and use of the terms “research” and “investigation” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Where Systematic, Generalizable
further defined to mean and refer to a systematic activity, inquiry, or study conceived, designed, engaged in, evaluated, or otherwise utilized to contribute to or develop generalizable knowledge, with the understanding that any activity, inquiry, or study that meet this definition constitutes research or investigation for purposes of the Codes and Policies, whether or not conducted or supported under a program that is considered research or investigation for other purposes.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized research or investigation of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Risks, of Conduct, Processing’
reference to and use of the terms “risk,” “risks of conduct or service,” and “risks of processing” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As in Conduct, Service
further restricted to mean and refer to, in the context of conduct and service, the anticipated, assessed or reported risks of any conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — to the actual person or the rights and associated interests of (a) The Ikoku Charitable Trusts; (b) the Founder, as first priorities; or (c) a natural person relating to The Ikoku Charitable Trusts.
As in Data, Information, Research
further restricted to mean and refer to, in the context of data and information or research and investigation, the anticipated, assessed or reported risks of any processing of personal biospecimens, data, or information to (a) the personal biospecimens, data, or information; (b) the natural person concerned or the human subject under study; or (c) the rights and associated interests of the natural person concerned or the human subject under study.
As in Damage, Injury
with the understanding that such risks, of varying likelihood and severity, by definition result from conduct, service, or processing that leads to material or non-material, as well as physical or non-physical, damage, injury, or violation with respect to (a) the personal biospecimens, data, or information; (b) the natural person concerned or the human subject under study; or (c) the rights and associated interests of the natural person concerned or the human subject under study.
As in Effects
with the understanding that such risks, of varying likelihood and severity, by definition result from conduct, service, or processing that effects, facilitates, or otherwise leads to discrimination or discriminatory effects, financial loss, fraud, identity theft, reputational damage, significant economic or social disadvantage, or unauthorized reversal of anonymization, deidentification or pseudonymisation.
As in Incompatibility
with the understanding that such risks, of varying likelihood and severity, by definition result from conduct, service, or processing that effects, facilitates, or otherwise leads to, in any way, any incompatibility with The Ikoku Charitable Trusts, as provided for in the Codes and Policies.
As in Infringements
with the understanding that such risks, of varying likelihood and severity, by definition result from conduct, service, or processing that infringes, in any way, the centrality or unity, confidentiality or privacy, freedom or liberty, independence or integrity, intellectual or real property, safety or security, or any associated rights or interests — as provided for in the Codes and Policies — of The Ikoku Charitable Trusts or the Founder, as first priorities, then a natural person relating to The Ikoku Charitable Trusts.
Where Risks High
with the understanding that such risks are considered high where conduct, service, or processing entails, and possibly reveals, confidential, private, sensitive or valuable personal biospecimens, data, and information, criminal convictions and offenses or related security measures; where automated individual decision-making, including profiling, is involved; where personal biospecimens, data, and information of vulnerable natural persons, including children, are involved; where personal biospecimens, data, and information is being processed from or to monitor publicly accessible spaces; where conduct, service, or processing is done on a large scale and involves a large amount of personal biospecimens, data, and information, affecting a large number of persons who may also not be able to as easily exercise their Policy-specified rights pertaining to the biospecimens, data, and information; and where it would be considerably damaging, dehumanizing, disenfranchising, harmful or injurious to natural persons if there were accidental, malicious, unauthorized, unconsented or unlawful access, alteration, destruction, disclosure, exposure, leakage, loss, or theft.
Prohibited Unless Assessed, Minimized
with the understanding that where such risks are considered high — or infringing, in any way, of aforementioned confidentiality or privacy, freedom or liberty, independence or integrity, intellectual or real property, safety or security, or any associated rights or interests — the conduct, service, or processing in question is strictly prohibited; unless (a) consented to by the natural person concerned or human subject under study, only after (b) being authorized by the Founder, and only after, in turn (c) being subject to a “risks assessment” that effectively addresses any actual, anticipated or apparent risks, eliminates any identified factors leading to such risks, and further anonymizes or minimizes any personal material or matter involved.
‘Seal’ and ‘Sealed’
reference to and use of the terms “seal” and “sealed” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As in Organization Seal
further restricted to mean and refer to an organization seal, which has the name of the organization, or the pertinent division, series, subsidiary or affiliate inscribed thereon and is otherwise in such form as authorized and provided from time to time by said organization.
As When Required
further restricted to have requirements for any instrument to be “sealed” mean and refer to the use of said approved organization seal by causing it to be personally affixed or impressed on an official instrument of the organization, solely by the official chief executive manager or officer of the organization, with no other entity, office, or person permitted to use the said approved organization seal in any manner, including “for identification purposes only,” unless such use has been authorized by the official chief executive manager or officer of the organization.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized process or processing of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Self,’ ‘Soul’ and ‘Spirit’
reference to and use of the terms “self,” “soul,” and “spirit” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of an Individual, Only of Individual
when indicated as belonging to or part of a human or individual, only those aspects of the one human or individual, including that self’s, soul’s or spirit’s activities, contents, and constituents.
Not of Collective or Other
and not to be construed as belonging to or part of any collective, communion, community, extension, externality, nor any other entity, human, individual, person, or equivalent.
‘Sensitive’ and ‘Sensitivity’
reference to and use of the terms “sensitive” and “sensitivity” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As Agreed, Consented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, consented or otherwise understood to be sensitive or requiring sensitivity.
As Demarcated, Designated
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is demarcated, designated or otherwise understood to be sensitive or requiring sensitivity.
As Discussed, Expected
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is discussed, expected or otherwise understood to be sensitive or requiring sensitivity, especially where an involved person expects that such matter will not be made public or shared with another person.
As Handled, Processed
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is handled, processed or otherwise understood to be sensitive or requiring sensitivity.
As Routinely, Standardly
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is normally, routinely, standardly or otherwise typically sensitive or requiring sensitivity.
As Not Widely Known
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is not generally, publicly and widely confirmed as knowledge via indisputable sources made generally, publicly and widely available and generally, publicly and widely acknowledged as fact by the identifiable natural person involved.
Where Expected or Requested
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects or requests that no access, monitoring, observation, recording, transmission, or equivalent occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the violation of such expectation unlawful, unconstitutional, illegal, and, in certain instances, criminal.
Where Not Consented or Unconsented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects to meaningfully provide consent, to be able to refuse or revoke consent, has not consented, or has revoked consent to allowing any access, monitoring, observation, recording, transmission, or equivalent to occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the absence or violation of such consent unlawful, unconstitutional, illegal, and, in certain instances, criminal.
Where Personal, Confidential, Private
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, requested or otherwise understood to be personally identifying and confidential or requiring confidentiality, or private or requiring privacy.
Where Specifically Determined Due to Risk
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that has been assessed for consequences resulting from an infringement of their protection and determined to be sensitive or requiring sensitivity due to such infringement’s high capacity, probability, and risk for harm to the natural person concerned, whether via infringement of confidentiality or privacy, identity or property theft, or further infringement of the basic, civil or fundamental liberties or rights of the natural person concerned.
Examples of Sensitive and Sensitivity
examples of which include, but are not limited to, materials and matters not mandatorily required to be disclosed or public relating to the administration of The Ikoku Charitable Trusts; those relating to the being, body, brain or mind, or the self, soul, or spirit of individual persons; those relating to the biometrics or biospecimens of persons; those relating to the characteristics or attributes of persons; those relating to the education or training of persons; those relating to evaluations or applications of persons; those relating to the finances or properties of persons; those relating to the health or care of persons; those relating to the identity or security of persons; those relating to investigative or legal proceedings of persons; those relating to the location or movements of persons; those relating to the research or study of persons; those relating to the status of persons protected by applicable law or regulation, with such persons especially including the Founder as well as any actual or potential appointee, contractor, donor, employee, fiduciary, manager, officer, partner, recipient, sponsor, third party, volunteer, or other agent of The Ikoku Charitable Trusts.
‘Signature’ and ‘Signed’
reference to and use of the terms “signature” and “signed” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
As in Official Signature
further restricted to mean and refer to a legally binding and legitimate signature of the official chief executive manager or officer of the organization, where authorized in strictly limited circumstances, including a computer-typed signature with sworn attestation as to authority and identity of signatory, under penalty of perjury, but otherwise only a personally handsigned and handwritten mark by the person whose signature is so authorized and required, with computer generated, digital, electronic, facsimile, stamped or equivalent forms of signature not permitted to serve as substitute.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official signature of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Sponsor’ and ‘Sponsorship’
reference to and use of the terms “sponsor” and “sponsorship” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official sponsor or sponsorship of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Third Party, Country’
reference to and use of the terms “third party” and “third country” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Party As Official, Not Principal
further defined to have the term “third party” mean and refer to an entity, office, or person who is not one of the principals of an activity or relationship (i.e. an agreement, contract, operation, service, transaction) but is involved in that activity or relationship in an official or recognized capacity.
Country As Official, Not Principal
further defined to have the term “third country” mean and refer to an entity, office, or person located in a country different from the principal country (or region) that serves as the expected or typical setting for an activity or relationship, but has become a party to and setting for the activity or relationship in an official or recognized capacity.
When of Ikoku Trusts, Only via Founder
when indicated as belonging to or part of The Ikoku Charitable Trusts, or an act or activity of The Ikoku Charitable Trusts, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official third party or third country of The Ikoku Charitable Trusts,
Only via Founder Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘User Content, Data, Property’
reference to and use of the terms “user content,” “user data,” “user information,” and “user property” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
User Content, as Internal IP
further restricted to have the term “user content” mean and refer to a range of content, media, and other equivalent material and matter created, developed or otherwise processed by a user or visitor, internally with respect to The Ikoku Charitable Trusts, for instance, in concert with, in response to, in using or visiting, or otherwise via or within any of the products, services, or sites of The Ikoku Charitable Trusts, and while making authorized reference to or use of the computer, mobile, or web applications, logos, marks, names, or other properties or resources of The Ikoku Charitable Trusts.
User Data and Information
further restricted to have the terms “user data” and “user information” mean and refer to data and information created, developed or otherwise processed via The Ikoku Charitable Trusts that are associated or related to — though variously, from incidental to integral — to a user or visitor or sets of users or visitors and any occurring conduct or service.
User Property, as External IP
further restricted to have the term “user property” mean and refer to external intellectual property — as defined in the Codes and Policies — as well as external real property acquired, created or developed by a user or visitor, externally with respect to The Ikoku Charitable Trusts, for instance, without use or visit of any product or service or other properties or resources of The Ikoku Charitable Trusts, which may take the form of content, media, also monetizable or tradable properties, or other equivalent material and matter that a user may, after its acquisition, creation, or development, decide to display, distribute, post, publish, or save via a service of The Ikoku Charitable Trusts.
May Be Identifying, Personal
with the understanding that any user content, data, information, or property may be identifying if it is attributable to a specific user or visitor, has not undergone processes of irreversible anonymization and aggregation, and so has remained or returned to being personal.
May Still Be Protected
with the result that any such personal and nonpublic user content, data, information, or property, as well as its access, collection, and other processing, require and remain under strict protections, as provided for in the Codes and Policies, the Policy on Data and Information or the Policy on Human Subjects Research and Investigation, and applicable law and regulation. For this reason, natural persons concerned should still, per Policy, ensure and verify that such protection, if warranted, has been and remains properly and truly conducted.
‘Writing’ and ‘Written’
reference to and use of the terms “writing” and “written” mean and refer only and specifically to:
As Always Operative
the meaning of the terms as including the always operative clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative.”
Recorded, Recognized Text
further restricted to mean and refer to only a recorded textual message in a recognized and standardized official language,
Expressly, Physically Transcribed
expressly transcribed into physical, character- and letter-based form,
From Writer, To Recipient
by a consenting person being the “writer,” to a consenting natural or legal person being the “recipient,”
Consenting Correspondents
by a consenting person being the “writer,” to a consenting natural or legal person being the “recipient,”
Capable of Comprehension
capable of comprehension by ordinary standardized visual, tactile or auditory means of reading and interpretation,
Include Electronic
and to further include written “electronic communication,” such as “electronic mail (email),” provided that the conditions for the authorization and use of electronic communication are met, as provided for in the Codes and Policies.
— Standing Definitions
Where duties, expectations, freedoms, liberties, obligations, principles, rights, requirements, responsibilities, standards as well as means, measures, methods, modes, practices, procedures, processes are referred to, they are meant only as these terms are defined, delineated and described in the Codes and Policies.
Additionally, unless where normally expected and the context otherwise clearly indicates — for instance, there is only one organization named and operating as The Chinyere and Chinelo Ikoku Charitable Trusts (also “The Ikoku Charitable Trusts”), as well as one Founder, one President, one CEO, and one Chair of said organization, Alvan Azinna Chibuzo Ikoku — words used in the singular include the plural, and the plural includes the singular.
Agreement Terms
Provision
The Conditions and Terms requires your adherence to the conditions and definitions above and correlative terms delineated below.
Agreement, Nature, Scope
— With respect to the nature, purpose, and scope of your Agreement and relationship with The Ikoku Charitable Trusts, its official persons, its third parties, and the Founder, you understand and agree to abide by the following:
Full, Complete Understanding, Relationship
that the Conditions and Terms, the Codes and Policies, and your Agreement contain the complete and full understanding between The Ikoku Charitable Trusts, its official persons, its third parties, the Founder, and you regarding the complete and full relationship you have with the aforementioned persons as a result from your use or visit or any conduct or service relating to The Ikoku Charitable Trusts that you commence or continue.
No Other Relationship with The Ikoku Charitable Trusts
that no other relationship exists between you and The Ikoku Charitable Trusts, its official persons, its third parties, and the Founder as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The Ikoku Charitable Trusts that you commence or continue.
No Relationship with Other Entities
that no relationship exists between you and any other entity, office, or person as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The Ikoku Charitable Trusts that you commence or continue.
No Rights as to Administration
that no benefits, gifts, provisions, or rights — and no attendant claim, relief, or remedy, especially of an injunctive, remunerative or substantive nature — are accorded to you pertaining to any aspect of the administration of The Ikoku Charitable Trusts, or any other entity or person, as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The Ikoku Charitable Trusts that you commence or continue.
No Rights as to Membership, Ownership
that no benefits, gifts, provisions, or rights — and no attendant claim, relief, or remedy, especially of an injunctive, remunerative or substantive nature — are accorded to you pertaining to any membership or ownership of The Ikoku Charitable Trusts, or any other entity or person, as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The Ikoku Charitable Trusts that you commence or continue.
No Rights as to Property
that no benefits, gifts, provisions, or rights — and no attendant claim, relief, or remedy, especially of an injunctive, remunerative or substantive nature — are accorded to you pertaining to any assets or property, real or intellectual, or any interests, shares, or stocks of The Ikoku Charitable Trusts, or any other entity or person, as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The Ikoku Charitable Trusts that you commence or continue.
Regarding Conduct, Service, Relations
and that with respect to any of the aforementioned use or visit or conduct or service and resultantly possible relationships to persons, the general nature, purpose, and scope is as further delineated
Solely for Self
that such conduct or service is solely for your own benefit, purpose, and use, and not for the benefit of or use by any other entity, office, or person.
Solely Law-Abiding
that such conduct or service is solely and clearly law-abiding and lawful in nature, and thus solely for your legal benefit, purpose, and use, and not for any illegal benefit, purpose, or use or any such that violates applicable law or regulation.
Solely Non-Commercial
that such conduct or service is solely and clearly noncommercial in nature, and thus solely for your noncommercial benefit, purpose, and use, and not for the benefit of, use by or resale or other transfer or disposition to any other entity, office, or person.
Solely Non-Competing
that such conduct or service is solely and clearly noncompeting in nature with respect to The Ikoku Charitable Trusts or the Founder, and thus solely for your noncompeting benefit, purpose, and use, and not for any benefit, purpose, or use that could, does, or will, in any way, compete with any of the activities, businesses, or purposes of The Ikoku Charitable Trusts or the Founder, Alvan Azinna Chibuzo Ikoku.
Solely Policy-Abiding
that such conduct or service is solely and clearly policy-abiding in nature, and thus solely for your benefit, purpose, and use adhering to the Codes and Policies, and not for any benefit, purpose, or use that results in an infringement of the Codes and Policies or any of its protections.
Account and Registration
— With respect to any user account or profile creation and registration process relating to The Ikoku Charitable Trusts that you commence or continue, you represent and warrant the following:
Required Agreements, Consents, Duties, Knowledge
that your required Policies Agreements, Consents, Duties, and Knowledge pertaining to the Conditions and Terms, and the Codes and Policies, legally bind you and extend to your user account or profile creation and registration, as well as any personal, personalized or otherwise user-related conduct or service.
Account, Profile, User Information
and that with respect to any account, profile or user information — including, but not limited to, biographical, identifying or security information such as name, username, address, age, government-issued identification or number, password, or security question answers — that you provide, you further agree and adhere
Accurate, Current, Complete
that you provide accurate, current, complete and truthful account, profile and user information at all times, and to that effect, you correct and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, where appropriate, by contacting The Ikoku Charitable Trusts.
Agree to End, If Inaccurate,
that if you provide (or The Ikoku Charitable Trusts has reasonable grounds to believe that you provide) any information that is false, inaccurate, incomplete or not current, The Ikoku Charitable Trusts reserves the right to end, preclude, restrict, or suspend your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, in addition to exercising all remedies and rights allowed by the Codes and Policies and applicable law and regulation.
Responsibility for Safekeeping
that The Ikoku Charitable Trusts holds you solely responsible for safekeeping your account, profile and user information, and accordingly, that you safeguard such account, profile and user information as confidential, private and, where applicable, sensitive information.
Responsibility for Use
that The Ikoku Charitable Trusts holds you solely responsible for your account, profile and user information use, and accordingly, all uses of account, profile and user information established for you during a registration or similar process are attributed to you, legally bind you, and are relied upon by The Ikoku Charitable Trusts in providing or provisioning the Products and Services or otherwise pursuing its mission and purposes — and such uses of your established account, profile and user information are relied upon as being a use made by you, even if another entity, office, or person accessed, collected, used, or otherwise processed such information.
Communication and Notification
that following your user account or profile creation and registration, you may receive electronic and other written communications and notifications from The Ikoku Charitable Trusts, published or sent from time to time, that may describe efforts, endeavors, products, services, updates, and other equivalent work of The Ikoku Charitable Trusts; where applicable, such communication and notification also provide users the opportunity to opt out of receiving future automated communication, and if you do wish to opt out, you will be able to easily do so by following instructions located in the communication you receive.
Charges and Fees
— With respect to fees and charges for any conduct or service relating to The Ikoku Charitable Trusts that you commence or continue, you agree to adhere to the following:
Required Agreements, Consents, Duties, Knowledge
that your required Policies Agreements, Consents, Duties, and Knowledge pertaining to the Conditions and Terms, and the Codes and Policies, legally bind you and extend to fees and charges incurred in any way due to or in connection with any of your user-related conduct or service.
Right to Charge
that The Ikoku Charitable Trusts reserves the right, at any time, to charge fees for your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, and as such you further agree
Right to Fees for Business Service
that the right to charge fees includes, but is not limited to, any current or future business offering and service of The Ikoku Charitable Trusts.
Right to Fees for Subscription Service
that the right to charge fees includes, but is not limited to, any current or future subscription service of The Ikoku Charitable Trusts.
Right to Fees for Transaction Service
that the right to charge fees includes, but is not limited to, any current or future transaction service of The Ikoku Charitable Trusts.
Right to Require Registration
that, if at any time The Ikoku Charitable Trusts requires such a fee, The Ikoku Charitable Trusts has the right to require you to register as a user, and thus requests that you do so and create an Account.
Right to Base Access on Registration
that, where registration is thus required and requested, your decision to register and provide the personal information needed to create an Account is voluntary; however, where you decide not to register or provide such information, you understand and accept that The Ikoku Charitable Trusts reserves the right to base access to the Products and Services on user registration, and accordingly ends, precludes, restricts, or suspends your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services.
Right to Have Payment of Fees
that The Ikoku Charitable Trusts has the right to have all payment of fees and charges incurred be made by users through their Accounts, and thus where fees and registration are required, you are to pay all fees and charges incurred in any way in connection with or through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any goods, products, services, or equivalent offered for sale through the Products and Services by The Ikoku Charitable Trusts.
Right to Have Payment of Taxes
that The Ikoku Charitable Trusts has the right to have all payment of applicable taxes be made by users through their Accounts, and thus where fees and registration are required, you are to pay all applicable taxes relating to the use of the Products and Services, and the purchase of any other goods, products, services, or equivalent, through your Account.
Right to Hold You Solely Responsible
that The Ikoku Charitable Trusts has the right to hold users solely responsible for applicable fees, charges, and taxes, and thus where fees and registration are required, all such fees, charges, and taxes are to be billed to you, and you shall be solely responsible for their payment.
Content, Data, Property
— With respect to any user content, data and information, or property relating to The Ikoku Charitable Trusts, you understand and agree to the following:
Required Agreements, Consents, Duties, Knowledge
that your required Policies Agreements, Consents, Duties, and Knowledge pertaining to the Conditions and Terms, and the Codes and Policies, legally bind you and extend to any user content, data and information, or property related, in any way, to your conduct or service.
Sole Owner of User Data
that The Ikoku Charitable Trusts is the sole owner of any user data and information relating to The Ikoku Charitable Trusts, including but not limited to data and information accessed, collected, or otherwise processed via the Products and Services, or related, in any way, directly or indirectly, to your conduct or service.
Solely Authorized and Consented Disclosure
that The Ikoku Charitable Trusts does not circulate, disclose, distribute, exchange, lease, rent, sell, share, or otherwise transfer user data and information related, in any way, directly or indirectly, to your conduct or service to any entities, offices, or persons outside of The Ikoku Charitable Trusts, except as authorized and consented, as provided for in the Codes and Polices.
Solely Authorized and Protected Processing
that The Ikoku Charitable Trusts endeavors to access, collect, and otherwise process user data and information related, in any way, directly or indirectly, to your conduct or service via means and methods that are authorized and protective of confidentiality, privacy, security, and sensitivity, as provided for in the Codes and Policies, recognizing that no processing of data or information is absolutely or entirely protective.
Primarily Processing in United States
that, given the location of The Ikoku Charitable Trusts’s headquarters, offices, and primary operations in the United States, any user data and information related, in any way, directly or indirectly, to your conduct or service may be processed and retained in, and where applicable, transferred to the United States; and that you understand and consent to such transfer, retention, and processing, recognizing that the United States mandates certain protections via applicable law and regulation, for which The Ikoku Charitable Trusts guarantees compliance, and that such protection may not be the same as that required in others countries and territories.
Non-Infringing User Content, Property
that The Ikoku Charitable Trusts welcomes any user content and user property related, in any way, directly or indirectly, to your conduct or service — with the primary goal to enhance user experience and use of the Products and Services and improve the organization’s efforts to fulfill its mission and purposes — and that, therefore, you do not provide any such user content or property that infringes the rights of other natural or legal persons.
License to The Ikoku Charitable Trusts
that, further, you hereby grant a License to The Ikoku Charitable Trusts in any user content and user property related, in any way, directly or indirectly, to your conduct or service, as provided for in the Codes and Policies and the Policy on Intellectual Property.
Disclaimers
— With respect to disclaimers of The Ikoku Charitable Trusts, you understand and agree to the following:
As-Is and As-Available
that accessible parts and sections of The Ikoku Charitable Trusts — especially the Products and Services, including the Sites, and all associated with, contained within, downloadable from and otherwise relating to them — are provided “as is” and “as available” to you, and that any conduct or service relating to the aforementioned — including any activity, agent, arrangement, or involved material or matter — that you commence or continue, as well as any further reliance on, use of, or inability to use the aforementioned, is solely at your own risk.
No Guarantee, Representation, Warranty
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty of any kind, express or implied, as to any of the aforementioned parts, sections, or Products and Services, including but not limited to the aspects listed below
No Guarantee of Applicability or Compatibility
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are applicable to your situation or compatible with any of your devices, equipment, systems, technologies, or equivalent, or that any such inapplicability or incompatibility will be reduced, removed or otherwise remedied.
No Guarantee of Complete, Current, Error-Free
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are accurate, complete, current, error-free, or equivalent, or that any such deficiencies, errors, inaccuracies, incompleteness, omissions, or equivalent will be reduced, removed or otherwise remedied.
No Guarantee of Interference-Free
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are free from interference, intrusion, trespass, or equivalent unauthorized and violating action — such as additions, alterations, attacks, breaches, deletions, hacks, interferences, manipulations, mirroring, or equivalent — and that any such actions or their effects will be reduced, removed or otherwise remedied.
No Guarantee of Malware-Free
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are free from contaminating, destructive or harmful components, features, or materials — such as malware, phishing, spyware, “trojan horses,” viruses, worms, or equivalent — and that any such components, features, or materials will be reduced, removed or otherwise remedied.
No Guarantee of Merchantability
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are merchantable — such as being in commercially acceptable state, fit for market or use, ready for sale or use, or equivalent — and that any such non-merchantability will be reduced, removed or otherwise remedied.
No Guarantee of Non-Infringement
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are non-infringing — such as of rights or their protections — and that any such infringement will be reduced, removed or otherwise remedied.
No Guarantee of Purpose Fitness
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are fit for purpose — such as for a particular purpose or use or those arising by statute or otherwise in law from a course of dealing or usage of trade — and that any such non-fitness will be reduced, removed or otherwise remedied.
No Guarantee of Reliability
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are reliable — such as being able to adequately operate or perform, without failures or interruptions, at an intended level, for an intended time, or in an intended environment — and that any such non-reliability will be reduced, removed or otherwise remedied.
No Guarantee of Title
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are of title — such as that establishing clear and free ownership of real or intellectual property — and that any such non-title will be reduced, removed or otherwise remedied.
No Guarantee of Third-Party Links
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty concerning links to third parties — such as to external applications, devices, goods, products, services, sites, or equivalent — that are accessible or otherwise available via any of the aforementioned parts, sections, or Products and Services; that where such link exists, The Ikoku Charitable Trusts is neither endorsing, nor in any way responsible for, any conduct, content, information, or equivalent that is accessible via the link or the third party that maintains it; and that The Ikoku Charitable Trusts further disclaims any guarantees, representations, or warranties for any information received via any such links.
No Guarantee of Third-Party Practices, Services
that The Ikoku Charitable Trusts makes no guarantee, representation, or warranty concerning, and is not in any way responsible for, any third-party goods, products, services, sites, or conduct or service — including any activity, agent, arrangement, or involved material or matter — even if accessed or available through the aforementioned parts, sections, or Products and Services; and that you are solely responsible for reviewing, and deciding whether to agree or consent to, the agreements, codes and policies, conditions and terms, confidentiality, privacy and security practices, and equivalent that apply to such third-party goods, products, services, sites, or conduct or service.
Given Disclaimers, Sole Risk
and further, that given the above disclaimers by The Ikoku Charitable Trusts regarding any guarantees, representations, warranties, or equivalent, any conduct or service relating to the aforementioned parts, sections, or Products and Services — including any activity, agent, arrangement, or involved material or matter — that you commence or continue, as well as any further reliance on, use of, or inability to use the aforementioned, is clearly and solely at your own risk.
Limitation of Liability
— With respect to the limitation of liability, you understand and agree to the following:
No Liability from Use or Inability to Use
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any conduct or service relating to any accessible parts or sections of The Ikoku Charitable Trusts — especially the Products and Services, including the Sites, and all associated with, contained within, downloadable from and otherwise relating to them — that you commence or continue, as well as any further reliance on, use of, or inability to use the aforementioned; and that in such a case, you assume the entire cost of any necessary or optional recovery, repair, servicing, or equivalent remedy.
No Liability as to Applicability or Compatibility
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any inapplicability or incompatibility of any of the aforementioned parts, sections, or Products and Services to or with your situation or any of your devices, equipment, systems, technologies, or equivalent.
No Liability for Data and Devices
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent to data and information, devices, equipment, systems, technologies, or their equivalent arising from your conduct, service, as well as any further reliance on, use of, or inability to use any of the aforementioned parts, sections, or Products and Services.
No Liability as to Errors, Omissions
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any deficiencies, errors, inaccuracies, incompleteness, omissions, or equivalent in any of the aforementioned parts, sections, or Products and Services.
No Liability as to Interference
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any interference, intrusion, trespass, or equivalent unauthorized and violating action — such as addition, alteration, attack, breach, deletion, disruption, duplication, hack, insertion, manipulation, mirroring, scraping, or equivalent — in any of the aforementioned parts, sections, or Products and Services.
No Liability as to Malware
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any contaminating, destructive or harmful components, features, or materials — such as malware, spyware, “trojan horses,” viruses, worms, or equivalent — in any of the aforementioned parts, sections, or Products and Services.
No Liability as to Merchantability
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any non-merchantability in any of the aforementioned parts, sections, or Products and Services.
No Liability as to Infringement
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any infringement — such as of rights or their protections — via any of the aforementioned parts, sections, or Products and Services.
No Liability as to Purpose Fitness
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any non-fitness for purpose or use in any of the aforementioned parts, sections, or Products and Services.
No Liability as to Reliability
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any non-reliability in any of the aforementioned parts, sections, or Products and Services.
No Liability as to Suspension, Termination
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any suspension or termination of access to — as well as activity via, participation in, or receipt of service from — any of the aforementioned parts, sections, or Products and Services, or any other conduct or service relating to The Ikoku Charitable Trusts.
No Liability as to Title
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any non-title in any of the aforementioned parts, sections, or Products and Services.
No Liability as to Third-Party
that The Ikoku Charitable Trusts assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any third parties or third-party goods, products, services, sites, or conduct or service — including any activity, agent, arrangement, or involved material or matter — accessible or otherwise available via any of the aforementioned parts, sections, or Products and Services.
Given Non-Liability, Sole Cost
further, that given the above clarity regarding The Ikoku Charitable Trusts not assuming and limiting liabilities and responsibilities, in such a case that any claim, cause of action, damage, harm, injury, loss, or equivalent arises from or is otherwise due to any conduct or service relating to any accessible parts or sections of The Ikoku Charitable Trusts, you clearly and solely assume the entire cost of any necessary or optional recovery, repair, servicing, or equivalent remedy.
Agreement of Non-Liability, Conduct, Service
that you therefore agree that under no circumstances, including but not limited to negligence, are The Ikoku Charitable Trusts, its official persons, third parties, and the Founder, Alvan Azinna Chibuzo Ikoku — including the agents, assigns, entities, properties, successors, or equivalent of these persons — liable, or able to be held liable, to you or any third person for any claim, cause of action, damage, harm, injury, or loss of any kind — whether based in contract, strict liability, tort, or otherwise, including, without limitation, any consequential, direct or indirect, exemplary, incidental, punitive, or special damages even if The Ikoku Charitable Trusts has been advised specifically of the possibility of such damages — arising in any way from or in connection with any of the aforementioned parts, sections, or Products and Services, including but not limited to as described in the aforementioned disclaimers and limited liability scenarios.
Agreement of Non-Liability, Policies
that you also agree that under no circumstances, including but not limited to negligence, are The Ikoku Charitable Trusts, its official persons, third parties, and the Founder, Alvan Azinna Chibuzo Ikoku — including the agents, assigns, entities, properties, successors, or equivalent of these persons — liable, or able to be held liable, to you or any third person for any claim, cause of action, damage, harm, injury, loss, or equivalent of any kind — whether based in contract, strict liability, tort, or otherwise, including, without limitation, any consequential, direct or indirect, exemplary, incidental, punitive, or special damages even if The Ikoku Charitable Trusts has been advised specifically of the possibility of such damages — arising in any way from or in connection with any provision of the Conditions and Terms, and the Codes and Policies, such as, but not limited to, loss of business, profits, or revenue, whether actual or anticipated.
Agreement of Limited Liability, Payments
that you further agree that under no event or circumstances, including but not limited to negligence, does any total alleged liability to you for all claims, causes of action, damages, harms, injuries, losses, and equivalent of any kind — whether based in contract, strict liability, tort, or otherwise — attributable to The Ikoku Charitable Trusts, its official persons, third parties, and the Founder, Alvan Azinna Chibuzo Ikoku — including the agents, assigns, entities, properties, successors, or equivalent of these persons — exceed the amount paid by you, if any, for conduct or service relating to any of the aforementioned parts, sections, or Products and Services that you commence or continue, as well as any further reliance on, use of, or inability to use the aforementioned.
Release and Waiver of Claims, Causes
that you furthermore understand and agree that you are waiving rights with respect to claims and causes of action that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read, understood, and hereby expressly waived, the benefits of Section 1542 of the Civil Code of California, which provides as follows:
“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.
Indemnification
— With respect to indemnification, you understand and agree to the following:
Agreement to Indemnify
that you, at your own expense, agree to indemnify and therefore defend and hold harmless The Ikoku Charitable Trusts, its official persons, third parties, and the Founder, Alvan Azinna Chibuzo Ikoku — including the agents, assigns, entities, properties, successors, or equivalent of these persons — against and from any and all claims, causes of action, costs, damages, harms, injuries, liabilities, losses, and equivalent of every nature incurred in any way due to or in connection with your conduct or service relating to any of the aforementioned parts, sections, or Products and Services, including but not limited to as described in the aforementioned disclaimers and limited liability scenarios, as well as the additional indemnification scenarios below.
Assistance and Support Services
from any advice, assistance, customer, help, remedy, repair, technical, or other support services provided by The Ikoku Charitable Trusts, its official persons, third parties, or the Founder.
Breach of Agreement, Covenant, Promise
from any breach of any agreement, covenant, or promise to be performed by you hereunder, in accordance with the Codes and Policies, your Agreement, and otherwise relating to The Ikoku Charitable Trusts.
Breach of Representation, Warranty
from any breach of representation or warranty, or any misrepresentation, made by you contained herein, in accordance with the Codes and Policies, your Agreement, and otherwise relating to The Ikoku Charitable Trusts.
Infringement of Rights and Protections
from any of your conduct or service relating to The Ikoku Charitable Trusts that infringes any rights or protections of The Ikoku Charitable Trusts, its official persons, third parties, or the Founder, including such rights and protections concerning confidentiality and privacy, intellectual and real property, publicity and reputation, particularly defamation and libel.
Unauthorized and Unconsented Use
from any of your conduct or service relating to The Ikoku Charitable Trusts that is unauthorized, or without the Founder’s unrevoked authorization and consent, as provided for in the Codes and Policies.
Violation of Codes and Policies
from any of your conduct or service relating to The Ikoku Charitable Trusts that violates the Codes and Policies.
Violation of Law
from any of your conduct or service relating to The Ikoku Charitable Trusts that violates applicable law or regulation.
Aforementioned By Person Using Your Account, Device
from any of the aforementioned conduct or service, as commenced, continued, or otherwise engaged by an entity, office, or person using your account, name, username, password, or other identifiers, or using your device, equipment, technology, or equivalent.
Agreement to Full Defense Cooperation
with the understanding that you agree to cooperate fully in the defense of any of the foregoing, and with The Ikoku Charitable Trusts and the Founder in asserting any available defense.
Agreement to Costs and Expenses
with the understanding that you agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’s fees and costs awarded against or otherwise incurred in any way due to or in connection with any such claim, cause of action, lawsuit, or other proceeding attributable to any such claim, and any and all lawsuits brought against you by The Ikoku Charitable Trusts under the Codes and Policies, the Conditions and Terms, and any other terms and conditions of service on the Products and Services, including without limitation, lawsuits arising from your failure to indemnify The Ikoku Charitable Trusts pursuant to the Conditions and Terms.
Agreement to Ikoku Trusts’s Rights
with the understanding that you agree that The Ikoku Charitable Trusts reserves the right, at its own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you.
Agreement to Ikoku Trusts’s Settlement Consent
with the understanding that, in the case of the foregoing, you agree to not settle any matter without the consent and further agreement of The Ikoku Charitable Trusts and the Founder, solely via the Founder’s authorization.
Where Limited Indemnification
with the understanding that your obligation to indemnify, defend, and hold harmless may be limited to the extent that you are afforded sovereign immunity under applicable law; and that in such cases where your obligation to indemnify may be limited due to the requirements of applicable law, you remain responsible for the ordinary negligent acts and omissions of your agents and employees causing harm or equivalent to persons not a party to this Agreement.
Restriction, Suspension, Termination
— With respect to compliance and possible restriction, suspension, or termination of your Agreement and relationship with The Ikoku Charitable Trusts, its official persons, its third parties, and the Founder, you understand and agree to abide by the following:
Advisement as to Sole Discretion, Powers, Rights
that The Ikoku Charitable Trusts and the Founder have the sole authority, discretion, powers, and rights of adjudication, compliance, and any resultant restriction, suspension, or termination pertaining to the Codes and Policies and your Agreement, as provided for in the Conditions of Founding and Conditions of Governance; and that you are advised and understand that The Ikoku Charitable Trusts and Founder will aggressively enforce such authority, discretion, powers, and rights to the fullest extent of the law.
Advisement as to No Waiver of Rights
that you are advised and understand that any failure on the part of The Ikoku Charitable Trusts or Founder to enforce or insist on strict performance of any of the provisions of the Codes and Policies or your Agreement does not constitute or operate as a waiver of any default, failure of performance, or waiver of such authority, discretion, powers, and rights of The Ikoku Charitable Trusts or Founder.
End, Suspend by Ikoku Trusts
that, without notice, The Ikoku Charitable Trusts may end, preclude, restrict, or suspend your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, or any other conduct or service relating to The Ikoku Charitable Trusts that you may wish to commence or continue, along with your associated Agreement, with or without cause, at any time and effective immediately, without any liability to you or any third party or person.
End, Suspend by Self
that, without notice, you may end or suspend your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, or any other conduct or service relating to The Ikoku Charitable Trusts that you commenced or continued, along with your associated Agreement, with or without cause, at any time, by completely discontinuing all use and destroying all related matter and materials as described below.
Restriction, Referral on Violation
that any infringement or violation of the Codes and Policies or applicable law or regulation may result in restriction, suspension, or termination of your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, or any other conduct or service relating to The Ikoku Charitable Trusts that you may wish to commence or continue, along with your associated Agreement, and furthermore may be referred to law enforcement authorities.
Upon End, Discontinue, Destroy
that upon any of the foregoing end or termination scenarios, or upon demand by The Ikoku Charitable Trusts or Founder, you must discontinue all such access, activity, conduct, or service, including associated accounts, and you must destroy all matter and materials arising, derived, obtained, or otherwise processed via the Products and Services and The Ikoku Charitable Trusts, as well as all related documentation, copies, and installations thereof.
Severability
— With respect to severability of the Codes and Policies of The Ikoku Charitable Trusts, you understand and agree to abide by the following:
Integral and Intertwined Nature
that each of the articles, clauses, conditions, provisions, sections, terms, and equivalent parts of the Codes and Policies, and your Agreement, is intertwined with the others and is an integral and material part hereof.
Non-Severable Nature
that no article, clause, condition, provision, section, term, or equivalent part of the Codes and Policies, or your Agreement, are severable from any other article, clause, condition, provision, section, term, or equivalent part, in any way, by any means, mechanism, method, or mode, to any degree, under any circumstances, for any period of time, or for any perceived benefit, end, goal, good, interest, mission, need, objective, purpose, reason, or equivalent.
Questions as to Enforceability
that any and all questions as to the enforceability, validity, viability, or equivalent of any article, clause, condition, provision, section, term, or equivalent part of the Codes and Policies, or your Agreement, must be communicated directly to the Founder, promptly and properly, via clearly and expressly written instrument that is fully and specifically informing.
Questions, If Government, Judicial
that any and all such questions as to enforceability, validity, viability, or equivalent, if proceeding via government or judicial body, entity, office, or person, must meet the requirements and standards for “agreed to and competent jurisdiction,” “applicable law and regulation,” and “government or judicial review,” as provided for in the Codes and Policies.
Questions, Prior and Informing Notice
that any and all such questions as to enforceability, validity, viability, or equivalent, especially if proceeding via government or judicial body, entity, office, or person, must be accompanied by the proper and successful delivery to The Ikoku Charitable Trusts and the Founder of legal written notice, sufficiently prior to the onset of any attendant proceeding, fully informing The Ikoku Charitable Trusts and the Founder of the specifics of the questions and related issues, and where applicable, the specifics of any governmental or judicial proceeding, including confirmation of such proceeding via written instrument signed and sealed of the government or judicial body, entity, office, or person, and thereafter The Ikoku Charitable Trusts and the Founder will, in via such communication, be and remain immediately and fully informed of any subsequent event or progress in any attendant proceedings.
Questions, Limited to Jurisdiction
that any and all such questions as to enforceability, validity, viability, or equivalent, must be limited to the agreed to and competent jurisdiction, without affecting, implicating, or questioning, in any way, enforceability, validity, viability, or equivalent in any other jurisdiction.
Questions, Limited to Provision
that any and all such questions as to enforceability, validity, viability, or equivalent, must be limited to a specific article, clause, condition, provision, section, term, or equivalent part of the Codes and Policies, or your Agreement, without affecting, implicating, or questioning, in any way, any other part, or the entirety, of the Codes and Policies, or your Agreement.
Questions, Limited to Aspect, Degree, Element
that any and all such questions must be limited to the aspect, degree, element, or other extent or operation of enforceability, validity, viability, or equivalent, without affecting, implicating, or questioning, in any way, any other aspect, degree, element, or other extent or operation of enforceability, validity, viability, or equivalent.
Questions, Maximum Extent
that any and all such questions as to enforceability, validity, viability, or equivalent, having been sufficiently limited and specified as described above, must presume, and not be construed as diminishing in any way, the complete and full enforcement of the Codes and Policies, and your Agreement, to the maximum extent permissible by applicable law so as to effect the intent and rights of The Ikoku Charitable Trusts and the Founder, as first priorities, then those of other parties.
Questions, Sufficient Opportunity
that, prior to the onset of any attendant proceeding, The Ikoku Charitable Trusts and the Founder, upon being properly and successfully served legal written notice and thus being fully informed, must be given sufficient opportunity to prepare and provide response with, where applicable and appropriate, clarification, defense, explanation, revising remedy, or equivalent with respect to the specific questions as to enforceability, validity, viability, or equivalent.
Questions, Sufficient Remedy Provision
that, given the integral, intertwined and non-severable nature of all parts of the Codes and Policies, and your Agreement, The Ikoku Charitable Trusts and the Founder, upon being fully informed and given sufficient notice and opportunity, as described above, may offer revising remedy by way of amendment of the Codes and Policies, or your Agreement, and if so must be given sufficient opportunity to authorize and execute such revising remedy — solely by the Founder, and solely via the Founder’s authorization — so as to effect the intent and rights of The Ikoku Charitable Trusts and the Founder, as first priorities, then those of other parties.
Parts in Full Force and Effect
that, in any event or question of enforceability, validity, viability, or equivalent, or any attendant proceedings, involving a claim, cause of action, notice, or response with or without remedy, the part in question, remainder, and entirety of the Codes and Policies, and your Agreement, continue in full force and effect.
Powers in Full Force and Effect
that, in any event or question of enforceability, validity, viability, or equivalent, or any attendant proceedings, involving a claim, cause of action, notice, or response with or without remedy, The Ikoku Charitable Trusts and the Founder retain the sole authority, control, discretion, powers, and equivalent to adjudicate, determine, and effect compliance and remedies with respect to the Codes and Policies and your Agreement, as provided for in the Conditions of Founding and Conditions of Governance.
Properties in Full Force and Effect
that, in any event or question of enforceability, validity, viability, or equivalent, or any attendant proceedings, involving a claim, cause of action, notice, or response with or without remedy, the properties and proprietary rights, as well as their protections, of The Ikoku Charitable Trusts and the sole Founder, Alvan Azinna Chibuzo Ikoku, remain under the sole authority, control, discretion, powers, and equivalent, as well as sole ownership, of the Founder, as provided for in the Codes and Policies.
Rights in Full Force and Effect
that, in any event or question of enforceability, validity, viability, or equivalent, or any attendant proceedings, involving a claim, cause of action, notice, or response with or without remedy, the freedoms, liberties, and rights, as well as their protections, of The Ikoku Charitable Trusts and the sole Founder, Alvan Azinna Chibuzo Ikoku, remain in full force and effect, as provided for in the Codes and Policies.
State of Governance, Jurisdiction
— With respect to the US state of legal formation, governance, and jurisdiction of The Ikoku Charitable Trusts, you understand and agree to abide by the following:
State of Formation
that The Chinyere and Chinelo Ikoku Charitable Trusts is formed and organized in the State of California, as described in the Conditions of Founding and Conditions of Governance.
State of Governance
that, unless expressly and otherwise agreed and authorized by the Founder, the applicable laws of the United States, and in particular, the State of California govern with respect to all claims, causes of action, issues, and questions arising from conduct and service relating to The Ikoku Charitable Trusts, especially the Products and Services, as well as the Codes and Policies and your Agreement.
State of Jurisdiction
that by commencing or continuing such conduct or service, using or visiting the Products and Services, or otherwise entering such Agreement — even when doing so from another jurisdiction — you agree to maintain your compliance to the applicable laws of the United States, and in particular, the State of California, and to abide by the exclusive jurisdiction of federal and state courts in the United States and in California in all such claims, causes, issues, and questions.
State of Policy
that the Codes and Policies are thus subject to the applicable laws of the United States, and in particular, the State of California, with the understanding that, notwithstanding any other provision of the Codes and Polices, or of applicable law, Alvan Azinna Chibuzo Ikoku is and remains the sole Founder, President, CEO, and Chair of The Chinyere and Chinelo Ikoku Charitable Trusts, and as such the Codes and Policies are made, adopted and amenable from time to time only by the Founder, and no article, clause, condition, provision, section, term, or equivalent part of the Codes and Policies, or your Agreement, is allowed to be adopted, altered, amended, or repealed except via the Founder’s authorization.
Concerns and Questions
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, to policies@ikokutrusts.org.
Policies
Provision
As stated earlier, the governance of The Chinyere and Chinelo Ikoku Charitable Trusts is, in important part, conducted via the Codes and Policies below:
Ikoku Charitable Trusts Agreement
The Ikoku Charitable Trusts Conduct and Service Agreement, which
Collectively Governing
consists of several Codes and Policies that collectively govern all conduct and service in any way relating to The Chinyere and Chinelo Ikoku Charitable Trusts.
Collectively Including
collectively include the Basic Policies — the Conditions and Terms of Founding, the Conditions and Terms of Governance, the Conditions and Terms of Conduct and Service, the Founding and Governing Code of Ethics, the Acceptable Use Policy — as well as all other codes and policies, associated as the Correlative Policies.
Available Below
are made available further below.
Conditions of Founding
Conditions and Terms of Founding of The Ikoku Charitable Trusts (HTML)
Conditions of Governance
Conditions and Terms of Governance of The Ikoku Charitable Trusts (HTML)
Conditions of Service
Conditions and Terms of Conduct and Service (HTML)
Founding Ethics
Founding and Governing Code of Ethics (HTML)
Acceptable Use
Acceptable Use Policy (HTML)
All Policies
All Policies (HTML)
Concluding
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 Charitable Trusts — in any way, either directly or indirectly, and via any manner, means, method, or mode — you enter into The Ikoku Charitable Trusts 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 Trusts
As stated earlier, The Ikoku Charitable Trusts is dedicated to fostering philanthropy and good works concerning Africa, its global diasporas and a range of shared societies — toward the betterment of lives across the globe. And so in accordance with the above, The Trusts provides the following:
I.
A Nonprofit Dedicated to Africa
An independent, private, non-profit organization that serves the public interest in Africa and its global diasporas — by advancing education and research and by also supporting creative ideas, civic endeavors and emerging communities, organizations and societies.
II.
Support for a Global and Just Future
A founding mission and ongoing emphases of support for good works that help the public understand Africa’s essential place in a global future, one that is to be more knowledgeable, environmentally sustainable, equitable and of benefit across communities in just societies.
III.
A Vision of the Public Good
A vision of the public good that accounts for the past while ensuring a just and shared future. That draws inspiration from peoples who, despite a history of systemic difficulties, maintain an unyielding belief that the betterment of their human condition will foster the betterment of those living around them and will enhance the present and futures of the regularly disenfranchised, marginalized and underserved.