Terms, Conditions & Privacy Policy

1. Terms and Conditions

Welcome to NiYaLeo

These terms and conditions outline the rules and regulations for the use of NiYaLeo's Website and mobile applications (collectively referred to as "Platforms").

By accessing these Platforms, we assume you accept these terms and conditions in full. Do not continue to use NiYaLeo's Platforms if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Policy, and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refer to you, the person accessing our Platforms and accepting NiYaLeo's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us" refer to our Company. "Party", "Parties", or "Us", refer to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of the provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Kenya. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Cookies

We employ the use of cookies. By using NiYaLeo's Platforms, you consent to the use of cookies in accordance with NiYaLeo's Privacy Policy. Like most modern interactive platforms, we use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site and applications to enable functionality and ease of use for those visiting or using them. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, NiYaLeo and/or its licensors own the intellectual property rights for all material on NiYaLeo’s Platforms. All intellectual property rights are reserved. You may view and/or print pages or materials from our Platforms for your personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from NiYaLeo’s Platforms
Sell, rent, or sub-license material from NiYaLeo’s Platforms
Reproduce, duplicate, or copy material from NiYaLeo’s Platforms
Redistribute content from NiYaLeo unless content is specifically made for redistribution

User Comments

Certain parts of NiYaLeo’s Platforms may offer the opportunity for users to post and exchange opinions, information, material, and data ('Comments'). NiYaLeo does not screen, edit, publish, or review Comments prior to their appearance on the Platforms, and Comments do not reflect the views or opinions of NiYaLeo, its agents, or affiliates. Comments reflect the view and opinion of the person who posts the comment.

To the extent permitted by applicable laws, NiYaLeo shall not be responsible or liable for the Comments or for any loss, liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on these Platforms. NiYaLeo reserves the right to monitor all Comments and to remove any Comments it considers inappropriate, offensive, or in breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our Platforms and have all necessary licenses and consents to do so.
The Comments do not infringe any intellectual property right, including but not limited to copyright, patent, or trademark, or other proprietary right of any third party.
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material that invades privacy.
The Comments will not be used to solicit or promote business or present commercial activities or unlawful activity.

You hereby grant to NiYaLeo a non-exclusive royalty-free license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to Our Content

The following organizations may link to our Platforms without prior written approval:

Government agencies
Search engines
News organizations
Online directory distributors when they list us in their directory may link to our Platforms in the same manner as they hyperlink to the Platforms of other listed businesses
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups, which may not hyperlink to our Platforms

These organizations may link to our home page, to publications, or to other Platform information so long as the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

Reservation of Rights

We reserve the right at any time and at our sole discretion to request that you remove all links or any particular link to our Platforms. You agree to immediately remove all links to our Platforms upon such a request. We also reserve the right to amend these terms and conditions and our linking policy at any time. By continuing to link to our Platforms, you agree to be bound to and abide by these linking terms and conditions.

Content Liability

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based on your website. No link(s) may appear on any page of your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our Platforms and the use of these Platforms (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill). Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury resulting from negligence
Limit or exclude our or your liability for fraud or fraudulent misrepresentation
Limit any of our or your liabilities in any way that is not permitted under applicable law
Exclude any of our or your liabilities that may not be excluded under applicable law

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.

To the extent that the Platforms and the information and services on the Platforms are provided free of charge, we will not be liable for any loss or damage of any nature.

Notification of Policy Changes

In line with our Privacy Policy, NiYaLeo commits to notifying users of significant changes to these Terms and Conditions. Such notifications will be made via email or through prominent notices on our Platforms to ensure transparency and allow users to review the updated terms accordingly.

2. Privacy Policy

Last Updated: April 7, 2025

Introduction

At NiYaLeo ("we," "us," or "our"), we value your privacy and are committed to protecting your personal information. This Privacy Policy explains in detail how we collect, use, disclose, and safeguard your information when you use our website (www.niyaleo.com) and mobile applications (collectively, our "Services").

NiYaLeo is located at:
International House
Mama Ngina Street
Nairobi, Kenya

By accessing or using our Services, you agree to this Privacy Policy. If you do not agree with any part of this policy, please do not use our Services. We encourage you to read this entire document carefully to understand our practices regarding your personal information.

Information We Collect

Personal Information

We collect several types of personal information from and about users of our Services:

Account Information: This includes your name, email address, phone number, physical address, date of birth (when applicable), and any profile information you choose to provide. We collect this information when you register for an account, update your profile, or interact with our Services.
Transaction Information: When you make purchases through our Services, we collect information about your purchase history, payment details, shipping information, and other transaction-related data. This allows us to process your orders and provide customer support.
Communication Data: We store messages sent through our in-app messaging feature "Channels." This includes any text, images, or other content shared between users and merchants for support or commercial purposes.
Device and Usage Information: We automatically collect technical data such as your IP address, device type, operating system version, browser type, time zone setting, and app usage statistics. This helps us optimize our Services for your device and troubleshoot technical issues.

Permissions We Request

Our mobile applications may request the following permissions:

Permission	Purpose	Processing Details
Contacts	To enable referrals, send invitations to friends, and facilitate shipping by accessing address book entries	Contact information is processed locally on your device; data is only transmitted to our servers when you explicitly choose to invite a contact or use their information for shipping
Location	To provide location-based services, show nearby outlets, and deliver geographically relevant offers	Location data is used only in the foreground (when the app is open) unless you specifically enable background location access; this permission can be disabled at any time without affecting core app functionality
Camera and Gallery	For scanning QR codes at merchant locations, uploading product photos, and setting profile pictures	Camera access is requested only when you use features requiring it; gallery access allows you to select existing photos
Storage	To save or upload content within the app, such as receipts, warranties, or shared promotional materials	We implement modern storage APIs and comply with platform-specific storage requirements; we do not access files unrelated to our Services

All permissions are optional and can be managed through your device settings at any time. Denying certain permissions may limit some functionality but will not prevent you from using the core features of our Services.

How We Use Your Information

We use your information for various purposes to provide, maintain, and improve our Services:

Service Provision: To create and maintain your account, process transactions, deliver products or services, and provide customer support. This is necessary for fulfilling our contractual obligations to you.
Communication: To send transactional messages (such as order confirmations and delivery updates), respond to your inquiries, and with your consent, deliver marketing communications about new features, promotions, or other offerings that may interest you.
Personalization: To understand your preferences and tailor your experience with our Services, including showing relevant product recommendations, customized search results, and location-based offers.
Analytics and Improvement: To analyze usage patterns, monitor performance metrics, and gather demographic information that helps us understand how users interact with our Services. This information guides our product development and feature enhancements.
Security and Fraud Prevention: To verify accounts, monitor for suspicious or fraudulent activity, prevent unauthorized access, and protect our Services and users from potential threats.
Legal Compliance: To comply with applicable laws, regulations, legal processes, or governmental requests, as well as to establish, exercise, or defend legal claims.

Data Sharing and Disclosure

We Do Not Sell Your Data

We want to emphasize that we will never sell, rent, or trade your personal information to third parties for their marketing purposes. Your trust is important to us, and we are committed to using your data only in ways that benefit your experience with our Services.

Third-Party Service Providers

We may share your information with trusted third-party service providers who help us operate our business and Services. These providers are carefully selected and include:

Payment Processors: Companies that securely process your payment transactions
Cloud Storage Providers: Services that help us store and manage data securely
Analytics Services: Tools that help us understand user behavior and improve our Services
Customer Support Tools: Platforms that enable us to provide efficient customer assistance
Marketing Services: Services that help us communicate offers and updates (with your consent)

All third-party service providers are bound by strict confidentiality obligations and are prohibited from using your data for any purpose other than providing services to us. We regularly review their privacy practices to ensure they meet our standards.

Legal Requirements

We may disclose your information when required by law or when we believe disclosure is necessary to:

Comply with a legal obligation, court order, or valid legal process
Respond to claims against us or investigate potential violations of our terms
Protect the rights, property, or safety of NiYaLeo, our users, or the public
Detect, prevent, or address fraud, security issues, or technical problems
Comply with the Kenya Data Protection Act and other applicable laws

International Data Transfers

Your information may be transferred to and processed in countries outside Kenya where our service providers maintain facilities. These countries may have different data protection laws than Kenya.

By using our Services, you consent to these transfers. We implement appropriate safeguards such as standard contractual clauses, data processing agreements, and technical security measures to ensure your data remains protected according to this Privacy Policy, regardless of location.

Data Security

Protecting your information is a priority for us. We implement comprehensive security measures to safeguard your personal information:

Encryption: We use SSL/TLS encryption for data transmission and AES-256 encryption for data storage to protect your information from unauthorized access during transit and while stored on our systems.
Access Controls: We restrict access to personal information to authorized employees, contractors, and service providers who need that information to perform their assigned functions and are bound by confidentiality obligations.
Security Audits: We conduct regular security assessments, vulnerability testing, and code reviews to identify and address potential security weaknesses.
Monitoring: We maintain logging and monitoring systems to detect and investigate unusual activity or potential security incidents.

Despite our efforts, no method of electronic transmission or storage is 100% secure. In the event of a data breach that compromises your personal information, we will notify affected users without undue delay in accordance with applicable laws and regulations, including Kenya's Data Protection Act. This notification will include details about the breach and steps you can take to protect yourself.

App Store and Play Store Disclosures

Apple App Store Data Disclosure

In compliance with Apple's App Store Review Guidelines and Privacy Policy requirements, we provide the following information about our data collection practices:

Data Used to Track You: We may use data such as device identifiers, usage metrics, and IP addresses to track you across apps and websites owned by other companies for the purpose of targeted advertising and analytics. You can opt out of tracking through your device settings, including enabling "Ask App Not to Track" in iOS.
Data Linked to You: The following data may be collected and linked to your identity for the purpose of providing and improving our Services:
- Contact Information (name, email, phone number)
- User Content (messages, photos uploaded by you)
- Identifiers (user ID, device ID)
- Usage Data (app activity, performance data)
- Location Data (if permission granted)
- Diagnostics (crash logs, performance data)
Privacy Practices: Our data collection practices are described in detail throughout this Privacy Policy. We implement various security measures to protect your data, including encryption, access controls, and regular security audits.
App Privacy Details: For more information about our privacy practices as they relate to our iOS app, please refer to our App Privacy Details on the App Store. These details are updated regularly to reflect our current data practices.

Google Play Data Disclosure

In compliance with Google Play's User Data Policy, our app collects and processes personal and sensitive user data as described in this Privacy Policy. We provide clear disclosure within the app about all data collection practices, and we request appropriate runtime permissions before accessing any sensitive data such as location or contacts.

We only collect data that is necessary for the functionality of our Services and handle it according to the practices outlined in this policy.

In-App Messaging ("Channels")

Our "Channels" feature facilitates communication between merchants and users to enable customer support, order inquiries, and transaction coordination. Please be aware of the following important information regarding this feature:

Messages are stored on our servers to enable communication history and customer support
While we employ security measures, messages may not be end-to-end encrypted in all scenarios due to technical limitations
Message content may be accessed by authorized NiYaLeo staff for customer service, dispute resolution, and quality assurance purposes
We strongly recommend against sharing sensitive personal information (such as full credit card details, government ID numbers, or account passwords) through this messaging system
Alternative secure communication methods are available for sensitive matters by contacting our customer support directly

Your Rights and Choices

Under Kenya's Data Protection Act and other applicable privacy laws, you have several rights regarding your personal information:

Right to Access: You can request a copy of the personal information we hold about you and how we use it.
Right to Correction: You may ask us to correct any inaccurate or incomplete personal information we maintain about you.
Right to Deletion: You can request that we delete your personal information, subject to certain exceptions provided by law.
Right to Restrict Processing: In certain circumstances, you may ask us to limit how we use your personal information.
Right to Data Portability: Where technically feasible, you can request a copy of your personal information in a structured, commonly used, and machine-readable format.
Right to Object: You can object to our processing of your personal information for direct marketing purposes or based on our legitimate interests.
Right to Withdraw Consent: Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time.

To exercise these rights, please contact us at privacy@niyaleo.com. We will respond to your request within 30 days. We may need to verify your identity before fulfilling your request.

You can also manage many aspects of your personal information directly through your account settings, including:

Updating your profile information
Changing your communication preferences
Reviewing your transaction history
Managing notification settings
Revoking app permissions through your device settings

Children's Privacy

Our Services are not intended for children under 13 years of age (or the applicable age of digital consent in your country). We do not knowingly collect or solicit personal information from children. If we learn that we have collected personal information from a child without parental consent, we will promptly delete that information.

If you believe we might have any information from or about a child, please contact us immediately at privacy@niyaleo.com.

Cookie Policy

We use cookies and similar tracking technologies (like web beacons and pixels) to enhance your experience on our website. Cookies are small data files stored on your device that help us improve our Services and your experience, remember your preferences, and deliver relevant advertisements.

We use the following types of cookies:

Essential Cookies: Required for the basic functionality of our website (cannot be disabled)
Functional Cookies: Remember your preferences and settings
Analytics Cookies: Help us understand how visitors interact with our website
Advertising Cookies: Used to deliver relevant advertisements and track campaign performance

You can manage cookie preferences through your browser settings. Please note that blocking certain cookies may impact your experience on our website.

Retention of Your Information

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:

How long the information is needed to provide our Services and operate our business
Whether the information is sensitive
Whether we have a legal obligation to retain the data
Whether retention is advisable considering our legal position (such as for statutes of limitations, litigation, or regulatory investigations)

When we no longer need personal information, we securely delete or anonymize it.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, our Services, or legal requirements. Significant changes will be communicated through:

Email notifications to the address associated with your account
Prominent notices within our mobile applications
Announcements on our website

The "Last Updated" date at the top of this policy will be revised when changes are made. Your continued use of our Services after such updates constitutes acceptance of the revised Privacy Policy.

We encourage you to review this Privacy Policy periodically to stay informed about our data practices.

Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us using the following information:

Privacy Team
NiYaLeo
International House, Mama Ngina Street
Nairobi, Kenya
Email: wecare@niyaleo.com
Phone: +254 (0) 700 000 636

For data protection matters specifically, you can contact our Data Protection Officer at dpo@niyaleo.com.

Governing Law

This Privacy Policy is governed by the laws of Kenya, including the Data Protection Act, 2019. Any disputes arising under this policy shall be subject to the exclusive jurisdiction of the courts in Nairobi, Kenya.

If you are unsatisfied with our response to a privacy-related concern, you have the right to lodge a complaint with the Office of the Data Protection Commissioner of Kenya.