Agreement Conditions
Introduction
The Conditions and Terms shall delineate the basis for the Agreement you shall enter into whenever — and wherever — you commence or continue any conduct or service relating in any way, directly or indirectly, to The Ikoku Group. Please, therefore, take the time to read what follows carefully.
Your Terms Agreements
Section 3.1.0. First, with respect to the Conditions and Terms of the agreement you shall enter into via your Agreement with the Codes and Policies, you shall understand and agree to abide by the following:
3.1.1. Terms, Basis
that the name of this Policy shall be the “Conditions and Terms of Conduct and Service of The Alvan Ikoku Group LLC” (the “Conditions and Terms” and the “Terms”); that the nature of this Policy shall be to serve as the conditions and terms of agreement, conduct, service, and use of The Alvan Ikoku Group LLC; and that the Conditions and Terms of Conduct and Service shall consist of all conditions and terms for the Codes and Policies of The Alvan Ikoku Group LLC (the “Codes and Policies” and the “Policies”) and The Ikoku Group Conduct and Service Agreement (the “Agreement”), which shall 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;
3.1.2. Terms, Agreement
that the Agreement you shall enter into with The Ikoku Group via the Codes and Policies shall include your legally equivalent agreement to the Conditions and Terms of Conduct and Service;
3.1.3. Terms, Consent
that your consent to the Codes and Policies and the Agreement shall include your legally equivalent consent to the Conditions and Terms of Conduct and Service;
3.1.4. Terms, Duties
that your duties to the Codes and Policies and the Agreement shall include your legally equivalent duties to the Conditions and Terms of Conduct and Service;
3.1.5. Terms, Entry
that your entry into the Agreement shall include your legally equivalent entry into the Conditions and Terms of Conduct and Service, and similarly shall occur whenever you commence or continue any conduct or service at, by, for, in, on, with or otherwise relating to The Ikoku Group;
3.1.6. Terms, Governance
that the governance of the Agreement and the Codes and Policies and your adherence to them when relating to The Ikoku Group shall include your legally equivalent adherence to the Conditions and Terms and their legally equivalent governance over all your conduct and service relating to The Ikoku Group, in any way, either directly or indirectly, via any manner, means, method, or mode;
3.1.7. Terms, Legally Abiding
that your attestation about your reading, understanding, consenting and agreeing to legally abide by the Codes and Policies and the Agreement shall include 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;
3.1.8. 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 shall include 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;
3.1.9. Terms, Knowledge
and 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 shall include 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.
Your Terms Understandings
Section 3.2.0. Second, with respect to your understandings of the Conditions and Terms of Conduct and Service, you shall covenant, represent, and warrant the following:
3.2.1. Terms Understandings
that you shall have read, understood, consented to, and agreed to be legally bound by and abide by understandings of conditions and terms as they shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.2.2. Terms Understandings, Conditions
that you shall have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms conditions as they shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, which shall be fulfilled and respected and not breached or violated, in any way, by you;
3.2.3. Terms Understandings, Definitions
that you shall have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms definitions as they shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, which shall be fulfilled and respected and not breached or violated, in any way, by you;
3.2.4. Terms Understandings, Practices
that you shall have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms practices as they shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, which shall be fulfilled and respected and not breached or violated, in any way, by you;
3.2.5. Terms Understandings, Principles
that you shall have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms principles as they shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, which shall be fulfilled and respected and not infringed or violated, in any way, by you;
3.2.6. Terms Understandings, Processes
that you shall have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms processes as they shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, which shall be fulfilled and respected and not breached or violated, in any way, by you;
3.2.7. Terms Understandings, Rights
that you shall have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms rights as they shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, which shall be fulfilled and respected and not infringed or violated, in any way, by you;
3.2.8. Terms Understandings, Safeguards
that you shall have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms safeguards and resulting protections as they shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, which shall be fulfilled and respected and not breached or violated, in any way, by you;
3.2.9. Terms Understandings, Violations
and that you shall 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 shall be defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, and that no such breach or violation shall be brought about, in any way, by you.
Your Terms Commitments
Section 3.3.0. Third, with respect to your commitments to the Conditions and Terms of Conduct and Service, you shall understand and agree to abide by the following:
3.3.1. Terms Commitments, Basis
that your commitment shall be the basis for any conduct or service at, by, for, in, on, with, or otherwise relating to The Ikoku Group 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 shall be free of any infringement of the most humane, protective and respectful interpretations of conditions and terms, the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.2. Terms Commitments, Terms
that this commitment shall include but not be limited to upholding for every person at The Ikoku Group 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;
3.3.3. Terms Commitments, Conditions
that this commitment shall include but not be limited to upholding for every person at The Ikoku Group 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;
3.3.4. Terms Commitments, Definitions
that this commitment shall include but not be limited to upholding for every person at The Ikoku Group 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;
3.3.5. Terms Commitments, Principles
that this commitment shall include but not be limited to upholding for every person at The Ikoku Group 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;
3.3.6. Terms Commitments, Processes
that this commitment shall include but not be limited to upholding for every person at The Ikoku Group 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;
3.3.7. Terms Commitments, Rights
that this commitment shall include but not be limited to upholding for every person at The Ikoku Group 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;
3.3.8. Terms Commitments, Safeguards
that this commitment shall include but not be limited to upholding for every person at The Ikoku Group 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;
3.3.9. Terms Commitments, Duty, Practices
that you shall 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 shall you 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 Group’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;
3.3.10. Terms Commitments, Duty, Protections
and that you shall 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 shall you 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 shall protect persons in ways that go beyond what such law and regulation currently provides.
Agreement Definitions
Provision
Provided below are definitions of terms used for the purposes of the Codes and Policies and the Agreement you shall enter into with The Ikoku Group.
I — Basic Definitions
‘The Ikoku Group’
— 3.5.0. reference to and use of the term “The Ikoku Group” shall mean and refer only and specifically to:
3.5.1. Alvan Ikoku Group LLC
The Alvan Ikoku Group LLC, a series limited liability company also officially doing business as The Alvan Azinna Chibuzo Ikoku Group and The Ikoku Group;
3.5.2. Administration, Areas
as well as any and all of the areas, parts, sections, and equivalent of The Alvan Ikoku Group LLC, including The Ikoku Group Administration as defined in the Codes and Policies;
3.5.3. Affairs, Arrangements
as well as any and all of the acts, activities, affairs, agents, arrangements, and equivalent of The Alvan Ikoku Group LLC;
3.5.4. Assets, Properties
as well as any and all of the assets, properties, and equivalent of The Alvan Ikoku Group LLC;
3.5.5. Divisions, Subdivisions
as well as any and all of the divisions, subdivisions, and equivalent of The Alvan Ikoku Group LLC, including those listed below:
3.5.5.1. Divisions, Ikoku Corporation
The Alvan Ikoku Group LLC — The Alvan Ikoku Corporation (“The Alvan Azinna Chibuzo Ikoku Corporation,” “The Alvan Ikoku Corporation,” and “The Ikoku Corporation”), wholly owned and managed by The Ikoku Group and the Founder, Alvan Azinna Chibuzo Ikoku;
3.5.5.2. Divisions, Ikoku Holdings
The Alvan Ikoku Group LLC — The Alvan Ikoku Holdings (“The Alvan Azinna Chibuzo Ikoku Holdings,” “The Alvan Ikoku Holdings,” and “The Ikoku Holdings”), wholly owned and managed by The Ikoku Group and the Founder, Alvan Azinna Chibuzo Ikoku;
3.5.5.3. Divisions, Ikoku Philanthropies
The Alvan Ikoku Group LLC — The Alvan Ikoku Philanthropies (“The Alvan Azinna Chibuzo Ikoku Philanthropies,” “The Alvan Ikoku Philanthropies,” and “The Ikoku Philanthropies”), wholly owned and managed by The Ikoku Group and the Founder, Alvan Azinna Chibuzo Ikoku;
3.5.5.4. Divisions, Ikoku Services
The Alvan Ikoku Group LLC — The Alvan Ikoku Services (“The Alvan Azinna Chibuzo Ikoku Services,” “The Alvan Ikoku Services,” and “The Ikoku Services”), wholly owned and managed by The Ikoku Group and the Founder, Alvan Azinna Chibuzo Ikoku;
3.5.5.5. Divisions, Publiks Group
The Alvan Ikoku Group LLC — The Publiks Group (including divisional partnership with “Publiks Inc”), wholly owned and managed by The Ikoku Group and the Founder, Alvan Azinna Chibuzo Ikoku;
3.5.6. Materials, Matters, Related
as well as any and all of the materials, matters, and equivalent of The Alvan Ikoku Group LLC;
3.5.7. Offices, Persons
as well as any and all of the offices, official persons, and equivalent of The Alvan Ikoku Group LLC;
3.5.8. Products, Services
as well as any and all of the Products and Services of The Alvan Ikoku Group LLC;
3.5.9. Series, Subsidiaries
as well as any and all of the series, subseries, subsidiaries, and affiliates of The Alvan Ikoku Group LLC;
3.5.10. Excluding, Other Entities
excluding any and 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;
3.5.11. Excluding, Public Entities
and excluding any and 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;
3.5.12. Solely via Founder
with the understanding that all of the aforementioned is only as officially authorized and executed solely via the Founder’s authorization.
‘Founder’ and ‘Owner’
— 3.6.0. reference to and use of the terms “Founder,” “Manager,” “Member,” and “Owner” shall mean and refer only and specifically to:
3.6.1. Sole Founder, Ikoku Group
Alvan Azinna Chibuzo Ikoku as the sole Founder of The Alvan Ikoku Group LLC;
3.6.2. Sole Manager, Ikoku Group
Alvan Azinna Chibuzo Ikoku as the sole Manager of The Alvan Ikoku Group LLC;
3.6.3. Sole Member, Ikoku Group
Alvan Azinna Chibuzo Ikoku as the sole Member of The Alvan Ikoku Group LLC;
3.6.4. Sole Owner, Ikoku Group
and Alvan Azinna Chibuzo Ikoku as the sole Owner of The Alvan Ikoku Group LLC.
‘Products,’ ‘Services,’ ‘Sites’
— 3.7.0. reference to and use of the terms “Products” and “Services” shall mean and refer only and specifically to:
3.7.1. Products, Services
any and all of the applications, goods, products, programs, services, sites, and their equivalent of The Ikoku Group.
3.7.2. Administration, Areas
as well as any and all of the administration, areas, parts, sections, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.3. Affairs, Arrangements
as well as any and all of the acts, activities, affairs, agents, arrangements, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.4. Assets, Properties
as well as 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;
3.7.5. Materials, Matters
as well as any and all of the materials, matters, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.6. Offices, Persons
as well as any and all of the offices, official persons, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.7. Excluding, Other
excluding any and 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;
3.7.8. Excluding, Public
and excluding any and 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;
3.7.9. Including, Sites
while including any and all instances of the aforementioned pertaining to the Sites of The Ikoku Group (collectively the “Sites”).
3.7.10. Solely via Founder
with the understanding that all of the aforementioned is only as officially authorized and executed solely via the Founder’s authorization.
‘We,’ ‘Our,’ ‘Us’
— 3.8.0. reference to and use of the terms “we,” “our” and “us” shall mean and refer only and specifically to:
3.8.1. Ikoku Group, Entities
The Alvan Ikoku Group LLC and its entities (or legal persons), wholly owned and managed by Alvan Azinna Chibuzo Ikoku, the sole Founder and Owner;
3.8.2. Ikoku Group, Founder
as well as Alvan Azinna Chibuzo Ikoku, as sole Founder, Member, and Owner of The Ikoku Group;
3.8.3. Ikoku Group, Persons Authorized
as well as natural persons officially authorized then appointed or employed only by the Founder, Alvan Azinna Chibuzo Ikoku, and solely 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 Group, in a manner in accordance with the Codes and Policies.
‘You,’ ‘User,’ ‘Visitor’
— 3.9.0. reference to and use of the terms “you,” “your,” “user,” and “visitor” shall mean and refer only and specifically to:
3.9.1. Other Persons, Relating
with the exception of those defined above under “we,” “our,” and “us,” any other persons commencing or continuing conduct or service at, by, for, in, on, with or otherwise relating to The Ikoku Group;
3.9.2. Such Persons, Agreeing
including such persons entering into and thus subject to The Ikoku Group Conduct and Service Agreement;
3.9.3. Such Person, Individual
including such persons commencing or continuing any of the aforementioned conduct or service as an independent individual;
3.9.4. Such Persons, Organization
including such persons commencing or continuing any of the aforementioned conduct or service as an entity, office, organization, or equivalent;
3.9.5. Such Persons, Representative
and including such persons commencing or continuing any of the aforementioned conduct or service as an agent, including employer or representative, of another entity, office, or person.
II — Further Definitions
— Always Operative, Standing
— 3.10.0. always operative and standing in the reference to and use of a given term or terms are the following clauses:
3.10.1. As Defined, References
within 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;
3.10.2. As Employed, Law, 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);
3.10.3. As Provided, Codes, 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) — and especially where duties, expectations, freedoms, liberties, obligations, principles, rights, requirements, responsibilities, standards as well as means, measures, methods, modes, practices, procedures, processes are referred to, meant only as these terms are defined, delineated and described in the Codes and Policies;
3.10.4. As Specified, Application, 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;
3.10.5. Unless Standard, Inclusive
and unless where standard or context otherwise clearly indicates — for instance, there is only one company named and operating as The Alvan Ikoku Group LLC (also “The Ikoku Group”), as well as one Founder, President, CEO and Chair, Alvan Azinna Chibuzo Ikoku — words used in the singular include the plural, and the plural includes the singular;
3.10.6. With Authorization
with the understanding that the above exercise or fulfillment relating to The Ikoku Group 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.
— A
‘Act’ and ‘Activity’
— 3.10.1.1. reference to and use of the terms “act” and “activity” shall be employed interchangeably and shall mean and refer only and specifically to:
3.10.1.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.1.2. As Conduct, 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;”
3.10.1.1.3. 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;”
3.10.1.1.4. 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;”
3.10.1.1.5. 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;”
3.10.1.1.6. 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;”
3.10.1.1.7. As Variously Relating, Ikoku Group
when indicated as variously relating to The Ikoku Group, 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 Group, any acts, activities, affairs, agents, arrangements, areas, assets, offices, parts, properties, sections, or equivalent of the divisions, series, subsidiaries, or affiliates of The Ikoku Group, 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 Group;”
3.10.1.1.8. 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;”
3.10.1.1.9. 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;”
3.10.1.1.10. 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;
3.10.1.1.11. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized act or activity of The Ikoku Group;
3.10.1.1.12. When Ikoku Group, Only with 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;
3.10.1.1.13. With Certain Permitted
with the attendant understanding that any act or activity relating to The Ikoku Group 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;
3.10.1.1.14. With Certain 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;
3.10.1.1.15. 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’
— 3.10.1.2. reference to and use of the terms “administration” and “administrative” shall mean and refer only and specifically to:
3.10.1.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.2.2. 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;
3.10.1.2.3. 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;
3.10.1.2.4. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, 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 Group;
3.10.1.2.5. When Ikoku Group, Only with 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.
— 3.10.1.3. and reference to and use of the term “The Ikoku Group Administration” shall mean and refer only and specifically to:
3.10.1.3.1. Administration
all entailed in the definition for the terms administrative and administration, further restricted for The Ikoku Group, as provided for in the Codes and Policies;
3.10.1.3.2. Administrative Activities
the administrative activities and documented decisions of The Ikoku Group, 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;
3.10.1.3.3. Administrative Areas
the administrative areas, offices, parts, sections, spaces, and equivalent of The Ikoku Group, the Founder, Alvan Azinna Chibuzo Ikoku, its official persons, as well as the aforementioned agents, employees, fiduciaries, volunteers, workers, and equivalent;
3.10.1.3.4. Administrative Equipment, Technologies
the computers, devices, equipment, servers, software, storage, technologies, and equivalent of The Ikoku Group;
3.10.1.3.5. Administrative 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;
3.10.1.3.6. 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;
3.10.1.3.7. As Determined by Founder
all of the aforementioned as acquired, donated, financed, purchased, received or otherwise engaged by means of The Ikoku Group and as administered, approved, authorized, designated, determined and documented as such solely by the Founder, Alvan Azinna Chibuzo Ikoku;
3.10.1.3.8. As Distinct, Separate from Personal
with the further requirement that The Ikoku Group ensure The Ikoku Group 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;
3.10.1.3.9. As Distinct, Separate from Public
with the further requirement that The Ikoku Group ensure The Ikoku Group 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;
3.10.1.3.10. As Non-Extension
with the further requirement that The Ikoku Group ensure nothing that is personal or public is administered or otherwise construed as extensions of The Ikoku Group or The Ikoku Group Administration, and furthermore, any official activities, documented decisions, and other work of The Ikoku Group Administration are conducted at, by, via or within The Ikoku Group 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 Group or The Ikoku Group Administration;
3.10.1.3.11. As Subject to Confidentiality
with the further requirement that The Ikoku Group ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Group 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;
3.10.1.3.12. As Subject to Independence
with the further requirement that The Ikoku Group ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Group 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;
3.10.1.3.13. As Subject to Integrity
with the further requirement that The Ikoku Group ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Group 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;
3.10.1.3.14. As Subject to Privacy
with the further requirement that The Ikoku Group ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Group 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;
3.10.1.3.15. As Subject to Safety
with the further requirement that The Ikoku Group ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Group 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;
3.10.1.3.16. As Subject to Security
with the further requirement that The Ikoku Group ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Group 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;
3.10.1.3.17. As Subject to Sensitivity
with the further requirement that The Ikoku Group ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Group 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;
3.10.1.3.18. As Subject to Unity
with the further requirement that The Ikoku Group ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The Ikoku Group 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’
— 3.10.1.4. reference to and use of the terms “affiliate” and “affiliation” shall mean and refer only and specifically to:
3.10.1.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.4.2. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official affiliate or affiliation of The Ikoku Group;
3.10.1.4.3. When Ikoku Group, Only with 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’
— 3.10.1.5. reference to and use of the term “agent” shall mean and refer only and specifically to:
3.10.1.5.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.5.2. When Ikoku Group, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Group, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official agent of The Ikoku Group;
3.10.1.5.3. When Ikoku Group, Only with 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’
— 3.10.1.6. reference to and use of the term “agreement” shall mean and refer only and specifically to:
3.10.1.6.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.6.2. Where Preceded by Operating
further defined to, where preceded by the descriptor, “operating,” mean and refer only and specifically to the Operating Agreement of a limited liability company;
3.10.1.6.3. Where Capitalized
further defined to, where capitalized as “Agreement,” 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;
3.10.1.6.4. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official agreement of The Ikoku Group;
3.10.1.6.5. When Ikoku Group, Only with 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’
— 3.10.1.7. reference to and use of the terms “applicable law” and “applicable regulation” shall mean and refer only and specifically to:
3.10.1.7.1. 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 Group and the Founder;
3.10.1.7.2. 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;
3.10.1.7.3. 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;
3.10.1.7.4. Broad Effect
whose effect broadly regulates the economy, field, industry, profession, sector, or equivalent in which The Ikoku Group operates and in which the act or activity in question or under review is conducted;
3.10.1.7.5. Judicial Review
whose application and interpretation regularly undergoes judicial review in official bodies, courts, and tribunals of competent jurisdiction agreed to by The Ikoku Group and the Founder;
3.10.1.7.6. 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 Group or the Founder.
‘Appointee’ and ‘Appointment’
— 3.10.1.8. reference to and use of the terms “appointee” and “appointment” shall mean and refer only and specifically to:
3.10.1.8.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.8.2. When Ikoku Group, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Group, or an act or activity of The Ikoku Group, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official appointee or appointment of The Ikoku Group;
3.10.1.8.3. When Ikoku Group, Only with 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’
— 3.10.1.9. reference to and use of the term “arguably,” in the context of phrases such as “arguably lawful or unlawful” and their equivalent, shall mean and refer only and specifically to:
3.10.1.9.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing
3.10.1.9.2. Specified Argument, Reasoning
a specifying instance of argumentation, deliberation, reasoning, or equivalent
3.10.1.9.3. Specified Assertion, Conjecture
that, in fact, asserts, conjectures, or hypothesizes as to the probability that
3.10.1.9.4. Specified Application, 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 —
3.10.1.9.5. Standards for Applicable
would, with high likelihood, be able to meet the standards for “applicable” as defined in the Codes and Policies
3.10.1.9.6. Standards for Clearly
would additionally meet the standards for “clearly” as defined in the Codes and Policies.
3.10.1.9.7. Standards for Review
whose application and interpretation regularly undergo judicial review in official bodies, courts, and tribunals of competent jurisdiction agreed to by The Ikoku Group and the Founder
3.10.1.9.8. Standards for 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 Group or the Founder.
— 3.10.1.10. reference to and use of the term “clearly,” in the context of phrases such as “clearly lawful or unlawful” and their equivalent, shall mean and refer only and specifically to:
3.10.1.10.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing
3.10.1.10.2. Specified Citation, Reference
a specifying instance of citation, reference, or equivalent
3.10.1.10.3. Specified Confirmation, Proof
that, in fact, confirms as to the actuality or proof that
3.10.1.10.4. Specified Application, 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 —
3.10.1.10.5. Standards for Applicable
has met the standards for “applicable” as defined in the Codes and Policies
3.10.1.10.6. Has Standards for Judicial Review
whose application and interpretation has recently — or even expressly — undergone full judicial review as described in the Codes and Policies
3.10.1.10.7. Standards for 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 Group or the Founder.
‘Authorization’ and ‘Authorized’
— 3.10.1.11. reference to and use of the terms “authorization,” “authorize,” and “authorized” shall mean and refer only and specifically to:
3.10.1.11.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.11.2. When Ikoku Group, Only via Founder
when indicated as an act or activity of The Ikoku Group, only as executed by the Founder, Alvan Azinna Chibuzo Ikoku;
3.10.1.11.3. 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 and official 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.
— B
‘Being,’ ‘Body,’ ‘Brain’
— 3.10.2.1. reference to and use of the terms “being,” “body,” and “brain” (entailing “mind”) shall mean and refer only and specifically to:
3.10.2.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.2.1.2. When Individual, Only 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;
3.10.2.1.3. Not Collective, 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.
‘Beneficiaries’ and ‘Communities’
— 3.10.2.2. reference to and use of the terms “beneficiaries,” “communities,” and “publics” shall mean and refer only and specifically to:
3.10.2.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.2.2.2. When Ikoku Group, Only via Founder
when indicated as belonging to, part of, served or otherwise supported by The Ikoku Group, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be official beneficiaries, communities, or publics of The Ikoku Group;
3.10.2.2.3. When Ikoku Group, Only with 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;
3.10.2.2.4. When Ikoku Group, Only if Abiding
with the understanding that a given individual may be considered as part of said beneficiaries, communities, or publics only if and when abiding by the Conditions of Founding, the Conditions of Governance, and the most human, humane and respectful interpretations of the policies, principles, and protections of absolute confidentiality, privacy, and sanctity.
‘Benign’
— 3.10.2.3. reference to and use of the term “benign” shall mean and refer only and specifically to:
3.10.2.3.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.2.3.2. As Further Restricted
as further restricted, in the context of conduct or service at The Ikoku Group, to mean and refer to conduct, service, biospecimens, data and information, human subjects research, their administration and processing, and any activities, aspects, interactions, interventions, means, or procedures of the aforementioned that have undergone rigorous risk assessment and determined 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 or person concerned; and (f) not demeaning, embarrassing, emotionally abusive, distressing or offensive.
‘Books’ and ‘Documents’
— 3.10.2.4. reference to and use of the terms “books” (entailing “records”) and “documents” (entailing “instruments”) shall mean and refer only and specifically to:
3.10.2.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.2.4.2. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, 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 Group;
3.10.2.4.3. When Ikoku Group, Only with 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.
— C
‘Certificate of Formation’
— 3.10.3.1. reference to and use of the term “certificate of formation” shall mean and refer only and specifically to:
3.10.3.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.1.2. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, 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 Group;
3.10.3.1.3. When Ikoku Group, Only with 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’
— 3.10.3.2. reference to and use of the terms “charge,” “fee,” and “subscription” shall mean and refer only and specifically to:
3.10.3.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.2.2. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, 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 Group;
3.10.3.2.3. When Ikoku Group, Only with 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’
— 3.10.3.3. reference to and use of the terms “charity,” “nonprofit,” “philanthropy,” and “public benefit” as well as “charitable” and “philanthropic” shall mean and refer only and specifically to:
3.10.3.3.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.3.2. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, 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 Group;
3.10.3.3.3. When Ikoku Group, Only with 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;
3.10.3.3.4. When Ikoku Group, Solely Ikoku Philanthropies
further restricted such that where such activity or arrangement is authorized, it is in highly restricted and selective instances, and conducted solely via The Ikoku Philanthropies, a division of The Alvan Ikoku Group LLC;
3.10.3.3.5. When Ikoku Group, Solely Services
further restricted such that where authorized, the charitable, nonprofit, philanthropic or public benefit activity or arrangement is conducted only in the form of services rendered by The Ikoku Philanthropies, and not monetary income or investment, real or intellectual property, or equivalent;
3.10.3.3.6. Authorization with Each Service
further restricted such that each form and instance of such service requires the Founder’s specifying authorization and, where applicable, a resolution of any relevant Board;
3.10.3.3.7. Sole Fundraiser on Record
further restricted such that where fundraising benefit or services is conducted or effected, only The Ikoku Philanthropies 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 Philanthropies and the Founder;
3.10.3.3.8. No Other Indication, 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 Group 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 Group;
3.10.3.3.9. Special Note, Ikoku Trusts, Foundations
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 Group and the Founder may properly authorize (as described above) with The Chinyere and Chinelo Ikoku Charitable Trusts, The Chinyere and Chinelo Ikoku Foundation, or The Alvan Azinna Chibuzo Ikoku Foundation, 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.
‘Civil Liberty, Right’
— 3.10.3.4. reference to and use of the terms “civil liberty” and “civil right” shall mean and refer only and specifically to:
3.10.3.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.4.2. As Applicable Law, Regulation
given that civil liberties and rights are those accorded to persons by their polities, the meaning of those terms as also including the clauses delineated in the definition for “applicable law and regulation.”
3.10.3.4.3. Where State Infringement Specified
with further understanding that — where the applicable law or regulation or attendant jurisprudence according a civil liberty or right specifies infringement limitation to government or state actions, actors, agents, entities, offices, or persons — neither The Ikoku Group nor the Founder (which are not and do not include political, public or state persons) can be determined or held to be infringing on the civil liberty or right; compliance with the Codes and Policies and applicable law and regulation is to be adjudicated accordingly; and both The Ikoku Group and the Founder — as well as all other persons relating to them — are to refrain from effecting or facilitating any government or state activity, claim, collaboration, coordination, conduct, recommendation, or request juridically held to infringe a civil liberty or right.
‘Clinical, Research Trial’
— 3.10.3.5. reference to and use of the terms “clinical trial” and “research trial”shall mean and refer only and specifically to:
3.10.3.5.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.5.2. 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.
3.10.3.5.3. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, 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 Group;
3.10.3.5.4. When Ikoku Group, Only with 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’
— 3.10.3.6. reference to and use of the terms “codes” and “policies” shall mean and refer only and specifically to:
3.10.3.6.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.6.2. When Ikoku Group, Only via Founder
when indicated as belonging to or part of The Ikoku Group, or an act or activity of The Ikoku Group, 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 Group;
3.10.3.6.3. When Ikoku Group, Only with 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’
— 3.10.3.7. reference to and use of the terms “communication” and “electronic communication,” including “electronic mail” and “electronic messaging,” shall mean and refer only and specifically to:
3.10.3.7.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.7.2. Clear, Legible
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;
3.10.3.7.3. Creates Record, Received
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;
3.10.3.7.4. Creates Record, Reproducible
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;
3.10.3.7.5. Creates Record, Renderable
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;
3.10.3.7.6. Means, Authorized
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 Group, solely by the Founder and by the Founder’s authorization;
3.10.3.7.7. Means, Consented
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 Group, by all correspondents, recipients, senders, writers, and other persons concerned;
3.10.3.7.8. Means, Consent, Revocable
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 Group;
3.10.3.7.9. Means, Consent, Statement
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:
3.10.3.7.9.2. Means, Consent, Statement, Applicability
(a) 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 Group;
3.10.3.7.9.1. Means, Consent, Statement, Rights
(b) any right of the recipient to have the record provided or made available on paper or in nonelectronic form;
3.10.3.7.9.3. Means, Consent, Statement, Withdrawal
(c) the procedures the recipient must use to withdraw consent;
3.10.3.7.10. Means, Electronic
further restricted to have the terms “electronic communication” and “transmission” be permitted, and so shall mean and refer to:
3.10.3.7.10.1. Means, 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 Group;
3.10.3.7.10.2. Means, 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 Group;
3.10.3.7.10.3. Means, 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 Group has designated for such communication and transmission, and optionally, with a separate notice to the recipient of the posting;
3.10.3.7.10.4. Means, Electronic, Telecopy, 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 Group;
3.10.3.7.11. Where 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;
3.10.3.7.12. Where Identifying, 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 Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, 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;
3.10.3.7.13. Without Infringement
with the further understanding that no means of communication, notice, notification, or transmission relating to The Ikoku Group 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 Group require such infringing means of communication, notice, notification, or transmission; and where the conditions above and in the Codes and Policies have not been met The Ikoku Group 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’
— 3.10.3.8. reference to and use of the terms “confidential” and “confidentiality” shall mean and refer only and specifically to:
3.10.3.8.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.8.2. 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;
3.10.3.8.3. 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;
3.10.3.8.4. 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;
3.10.3.8.5. 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;
3.10.3.8.6. 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;
3.10.3.8.7. As Unknown, Generally
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;
3.10.3.8.8. Where Expected, 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;
3.10.3.8.9. Where Not Consented, 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;
3.10.3.8.10. 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;
3.10.3.8.11. With Examples
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 Group; 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 Group.
‘Consent’ and ‘Consented’
— 3.10.3.9. reference to and use of the terms “consent” and “consented” shall mean and refer only and specifically to:
3.10.3.9.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.9.2. As Authorized, Compliant
further restricted to be only an indication on a written and official communication or instrument authorized for the specific consent purposes of The Ikoku Group, 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:
3.10.3.9.3. As Decision, Permission, 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;
3.10.3.9.4. If Consent, Affirmative, Clear
if permission is granted by the person (“consent”), the communication or instrument explicitly states that such consent is affirmative, clear and unambiguous;
3.10.3.9.5. If Consent, Freely Given, Meaningful
the communication or instrument explicitly states that the above consent is freely given and meaningful;
3.10.3.9.6. If Consent, 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;
3.10.3.9.7. If Consent, Revocable, Unrevoked
the communication or instrument explicitly states that the above consent is clearly unrevoked, though revocable;
3.10.3.9.8. Prior, Request, Accessible, Clear, Informing
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;
3.10.3.9.9. Prior, Statement, Applicability
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 Group;
3.10.3.9.10. Prior, Process, Revocation
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;
3.10.3.9.11. Prior, Statement, Rights
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;
3.10.3.9.12. Procedurally, Organizationally Confirmed
all of the above as confirmed – even repeated, where appropriate – via processes conducted by The Ikoku Group, via the Founder’s authorization, and not to be substituted by processes conducted by other persons;
3.10.3.9.13. Precluding Oral, Vocal, 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;
3.10.3.9.14. Precluding Presumed
none of the above – nor its supposed agreement – being acceptable as consent when presumed or equivalent;
3.10.3.9.15. Provisions, Data, Information
furthermore, as required to meet standards delineated for personal data and information in the Policy on Data and Information;
3.10.3.9.16. Provisions, Human Subjects Research
furthermore, as required to meet standards delineated for human subjects research in the Policy on Human Subjects Research.
‘Contract’ and ‘Contractor’
— 3.10.3.10. reference to and use of the terms “contract,” “contractee,” and “contractor” shall mean and refer only and specifically to:
3.10.3.10.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.10.2. As Drawn, Signed for Official Activity
further restricted to mean and refer to a written legal instrument expressly drawn up to delineate specific terms for an official act, activity, arrangement, or service — to be expressly considered and consented to by a resultant agreer and signatory — with no other instrument, including the Codes and Policies, capable of being thus expressly and specifically accepted or construed or otherwise serving as its equivalent;
3.10.3.10.3. When Ikoku Group, Only via Founder
when indicated as an act or activity of The Ikoku Group, 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 Group and a legally bound contractee or contractor
3.10.3.10.4. When Ikoku Group, Only with 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.
— D
‘Data Aggregation’
— 3.10.4.1. reference to and use of the terms “data aggregation” and “aggregated data” shall mean and refer only and specifically to:
3.10.4.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.4.1.1. As Processing, Deidentification, Transformation
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;
3.10.4.1.2. As Processing, Expected Anonymization
further defined to mean and refer to such processing where anonymization (along with transformation) is often expected, preferred and, at times, required;
3.10.4.1.3. As Processing, Sets, Statistical Analysis
and 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’
— 3.10.4.2. reference to and use of the term “data review board” (also the “DRB”) shall mean and refer only and specifically to:
3.10.4.2.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.4.2.2. As Board, Data Ethics
further restricted to mean and refer to a board for data and information ethics evaluation;
3.10.4.2.3. As Board, Policy Duties
which is 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;
3.10.4.2.4. For DRB Approval
with the understanding that reference to and use of the term “data review board approval” (also “DRB approval”) shall 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 Group 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’
— 3.10.4.3. reference to and use of the terms “decision” and “decision-making” shall mean and refer only and specifically to:
3.10.4.3.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.4.3.2. When Ikoku Group, Only via Founder
when indicated as belonging to, part of or working for The Ikoku Group, or an act or activity of The Ikoku Group, 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 Group;
3.10.4.3.3. When Ikoku Group, Only with 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’
3.10.4.4.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.4.4.2. As Data Processing, Research