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
Welcome to our Privacy Policy
Your privacy is critically important to us.
NiYaLeo is located at: International House, Mama Ngina Street, Nairobi, Kenya
It is NiYaLeo's policy to respect your privacy regarding any information we may collect while operating our website and mobile applications. This Privacy Policy applies to www.niyaleo.com and our mobile applications (hereinafter, "us", "we", or "NiYaLeo"). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website or our mobile applications. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our platforms, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through our Website and mobile applications and does not apply to collection of information from other sources.
This Privacy Policy, together with the Terms and Conditions posted on our Website, set forth the general rules and policies governing your use of our Website and mobile applications. Depending on your activities when using our platforms, you may be required to agree to additional terms and conditions.
Website Visitors and App Users
Like most website operators, NiYaLeo collects non-personally-identifying information of the sort that web browsers, servers, and mobile applications typically make available, such as the browser type, device type, language preference, referring site, and the date and time of each visitor request. NiYaLeo's purpose for collecting non-personally identifying information is to better understand how NiYaLeo's users interact with its platforms. From time to time, NiYaLeo may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in platform usage.
NiYaLeo also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged-in users and for users leaving comments on https://niyaleo.com/ blog posts. NiYaLeo only discloses logged-in user and commenter IP addresses under the same circumstances that it would disclose personally-identifying information as described below.
Access Permissions for Mobile Applications
NiYaLeo’s mobile applications may request access to the following:
Phone Book: To enable features such as referrals, inviting users to deals, and facilitating shipping. Users will be prompted to grant explicit consent for this access, and they can revoke this permission at any time through their device settings.
Camera and Gallery: To scan QR codes and update profile pictures. Users will be notified before access is requested, and consent will be required. Permissions can be managed or revoked via device settings.
Location: To display relevant offers and outlets based on the user’s location. Location access will only be activated with user consent, and users will have the option to enable or disable this feature as needed through their device settings.
On-App Messaging Feature
NiYaLeo’s mobile applications include an on-app messaging feature called Channels, which facilitates communication between merchants and users. This feature is solely for the purpose of providing support to users. Please note that information shared through Channels may not be encrypted in some circumstances, such as when certain device-level or network-level encryption protocols are unavailable. For users requiring secure communication, we recommend using alternative encrypted methods for sharing sensitive or confidential information. Users are advised to avoid sharing sensitive personal or financial information through this feature.
Gathering of Personally-Identifying Information
Certain visitors to NiYaLeo's platforms choose to interact with NiYaLeo in ways that require NiYaLeo to gather personally-identifying information. The amount and type of information that NiYaLeo gathers depend on the nature of the interaction. For example, we ask visitors who sign up for a blog or mobile app account to provide a username, email address, and other relevant details.
Protection of Certain Personally-Identifying Information
NiYaLeo discloses potentially personally-identifying and personally-identifying information only to employees, contractors, and affiliated organizations that (i) need to know that information to process it on NiYaLeo's behalf or to provide services available at NiYaLeo's platforms, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using NiYaLeo's platforms, you consent to the transfer of such information to them. NiYaLeo will not rent or sell potentially personally-identifying and personally-identifying information to anyone.
NiYaLeo may disclose potentially personally-identifying and personally-identifying information when required to do so by law, such as in response to a subpoena, court order, or other governmental request. Where legally permissible, users will be notified of such disclosures to ensure transparency and provide them with an opportunity to respond or seek legal recourse, if applicable. NiYaLeo does not share user information with third parties without explicit consent unless required by a legal mandate.
If you are a registered user of NiYaLeo and have supplied your email address or phone number, NiYaLeo may occasionally send you updates about features, solicit feedback, or provide other relevant information. You can opt out of these communications at any time.
Security
The security of your Personal Information is important to us. NiYaLeo employs industry-standard security measures, including SSL/TLS encryption for data transmission, AES-256 encryption for data storage, and regular security audits to protect your information. However, please remember that no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. In the event of a data breach where your information is accessed or stolen, NiYaLeo will notify affected users within the period required under the laws of Kenya and in compliance with guidelines provided by the Office of the Data Protection Commissioner. This notification will include details about the breach, potential impacts, and steps you can take to protect yourself.
Privacy Policy Changes
NiYaLeo may change its Privacy Policy from time to time, and at NiYaLeo's sole discretion. In the event of significant changes to this Privacy Policy, NiYaLeo will notify users via email or through prominent notices on its platforms. This ensures that users are informed of updates and can review the revised terms accordingly. NiYaLeo encourages users to frequently check this page for any updates. Your continued use of NiYaLeo’s platforms after any changes to this Privacy Policy will constitute your acceptance of the change.