TERMS AND CONDITIONS

Please read the following terms carefully before using this web site. This Web Site is offered to you (the “User”;) conditioned on your acceptance without modification of the Terms and the applicable Privacy Statement. By accessing or using this Site or any other Site, you agree to these Terms and the applicable Privacy Statement. If you do not agree to these Terms, do not use this Site.

1. Introduction and Acceptance

Welcome to Nyungu Afrika Limited. This Website Policy governs your use of our website (“the Site”) and the services provided herein. By using the Site, you agree to comply with and be bound by this Website Policy, as well as any updates or changes we may make. We encourage you to review this policy regularly for any modifications.

2. User Registration

  • Account Creation: Certain features and services on the Site may require user registration. You are responsible for creating and maintaining your account. You must provide accurate, current, and complete information and keep your login credentials secure.
  • User Responsibilities: Users are expected to use the Site responsibly and ethically, respecting the rights of others and refraining from engaging in harmful, illegal, or malicious activities.

3. Privacy Policy

Please review our Privacy Policy for detailed information on how we collect, store, and use your personal
data, including data related to newsletter subscriptions.

4. Intellectual Property

Ownership: All content on the Site, including text, images, videos, and proprietary information, is the exclusive property of Nyungu Afrika Limited. Users are not permitted to use this content without our express permission. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site ("Content"), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited. You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us. You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any "scraping" or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via "in-line" linking or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other "hidden text" utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.

5. Use of the Website

Users agree to use the Site in a manner that aligns with our mission and values. Harmful, illegal, or malicious activities are strictly prohibited.

6. Newsletter Subscriptions

By subscribing to our newsletter, you consent to receive periodic emails containing updates and information related to Nyungu Afrika Limited. You can unsubscribe at any time by following the instructions provided in each newsletter.

7. Dispute Resolution

  • In the event of disputes, we will seek to resolve them amicably through arbitration, mediation, or legal action if necessary.
  • Any legal disputes will be settled in accordance with the laws of the Republic of Kenya.

8. Account Termination

We reserve the right to terminate user accounts under specific conditions. The consequences of such termination are outlined in our Terms and Conditions.

9. Limitation of Liability

Users acknowledge that we are not liable for any damages or losses incurred due to their use of the Site. Please refer to our Terms and Conditions for a detailed explanation.

10. Indemnification

By using the Site, users agree to indemnify and hold us harmless from any claims, costs, or liabilities arising from their use of the Site.

11. Governing Law

This Website Policy is governed by and construed in accordance with the laws of the Republic of Kenya.

12. Contact Information

If you have questions, concerns, or issues related to this Website Policy, please contact us at hello@nyungu.care.

PRIVACY POLICY

This Privacy Policy is designed to help you understand how Nyungu Afrika Limited collects, uses, and safeguards your personal information. By accessing and using our website (“the Site”) and the services provided, you agree to the practices described in this policy.

1. Information We Collect

  • Personal Information: We may collect personal information such as your name, email address, postal address, and phone number when you voluntarily provide it to us, including when you register for an account, subscribe to our newsletter, or make a purchase.
  • Automatically Collected Information: When you access the Site, we may collect certain information automatically, including your IP address, browser type, device information, and browsing history, MAC addresses, SSIDs or other device identifiers or persistent identifiers, online user IDs, encrypted passwords, device characteristics (such as browser information), web server logs, application logs, browsing data, viewing data (TV, streaming), website and app usage, first party cookies, third party cookies, web beacons, clear gifs and pixel tags. This also includes information such as your device functionality (browser, operating system, hardware, mobile network information); the URL that referred you to our website; the areas within our website or apps that you visit and your activities there (including emails, such as whether you open them or click on links within); your device characteristics; and device data and the time of day.
  • Inferred Information: This includes information derived from other personal data listed in this section. We create inferred and derived data elements by analyzing all personal data we may have about you. Data elements in this category include propensities, attributes and/or scores generated by internal analytics programs.

Unless we specifically request or invite it, we ask that you not send us, and you not disclose, any sensitive personal information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or philosophical beliefs, health, sex life or sexual orientation, criminal background, or trade union membership, or biometric or genetic data for the purpose of uniquely identifying an individual) on or through the Site or otherwise to us.

2. How We Use Your Information

  • To Provide Services: We use the information you provide to deliver our services and manage your account
  • Communication: We may use your information to communicate with you, respond to your inquiries, and send you newsletters or updates if you have subscribed.
  • Improvement: We analyze user information to enhance our services, tailor content, and improve the user experience.

3. How We Share Your Information

  • Third-Party Service Providers: We may share your information with third-party service providers who assist us in operating the Site, conducting our business, or providing services to you.
  • Legal Requirements: We may disclose your information to comply with legal obligations, respond to lawful requests, or protect our rights, privacy, safety, or property.

4. Your Right to Be Forgotten/Erasure

We will delete your personal data where it is no longer needed for the processing purpose or after a maximum of 50 months of non-activity unless required by law or contract to retain it further. We define inactivity through several internal criteria that indicate a user’s lack of interaction with our programs and communications. For example, if you do not log in, or do not open or click on our emails, we will consider you “inactive” and delete your data after a maximum of 50 month. We may need to keep some of your personal data to honor your requests, including to continue keeping you opted out of marketing emails, or to comply with other legal obligations. We may also retain certain personal data used in ratings and reviews for as long as the review is used or until the product is discontinued.

5. Security Tools

In accordance with Section 29 (f) the Company has deployed a combination of tools to ensure the integrity and confidentiality of the data collected.

6. Legal Right

You have the following legal rights:

  • The Right to Know the extent of information or data which we possess that belongs to you.
  • The Right to request that we delete some or all of information or data which we possess that belongs to you.
  • The Right to Correct any inaccuracies of information or data which we possess that belongs to you.

7. Newsletter Subscriptions

By subscribing to our newsletter, you consent to receiving periodic emails with updates and information about Nyungu Afrika Limited. You can unsubscribe at any time by following the instructions provided in each newsletter.

8. Security and Data Protection

  • a. We employ industry-standard security measures to protect your information. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. We shall however act in full accordance with the Data Protection Act, Laws of Kenya and report any security breach of information in accordance with Section 43 of the Act.
  • b. Your personal information may be stored and processed in any country where we have facilities or service providers, and by using our Site or by providing consent to us (where required by law), your information may be transferred to countries outside of your country of residence, including to the United States, which may provide for different data protection rules than in Kenya. Appropriate contractual and other measures are in place to protect personal information when it is transferred to our affiliates or third parties in other countries.

9. Your Choices

You can manage your personal information and communication preferences by adjusting settings in your user account or unsubscribing from our newsletter.

10. Children’s Privacy

The Site is not intended for use by children under the age of 13 and therefore, we do not knowingly collect or maintain personal information from children.

11. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices. We will post any updated policy on the Site with a revised effective date.