for W3c validation
We respect your privacy:
“App(s)” shall mean applications for mobile and includes Vite App and Vite Partner Apps for Delivery Partner and Merchant Partner and/or other Devices. “Device(s)” shall mean a desktop computer, laptop computer, tablet, mobile phone, smart watch or such other electronic equipment. “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action or any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.
“App(s)” shall mean applications for mobile and includes Vite App and Vite Partner Apps for Delivery Partner and Merchant Partner and/or other Devices. “Sensitive personal data or information” consists of information relating to the following: Passwords; Financial information such as bank account or credit card or debit card or other payment instrument details; Physical, physiological and mental health condition; Sexual orientation; Medical records and history; Biometric information; Any detail relating to the above clauses as provided to body corporate for providing service; and Any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
The information we collect
Information that you provide to Vite, such as when you create your Vite account.
Information created when you use our services, such as location, usage and device information.
Information from other sources, such as Vite partners and third parties that use Vite API.
Vite collects the following categories of information:
Information you provide
This includes information submitted when you:
Create or update your Vite account, which depending on your location and the Vite services you use may include your name, email, phone number, login name and password, address, payment or banking information, government identification numbers, date of birth and picture
Submit information about your business and registration documents (for Vendors partners)
Consent to a background check (for Vendor partners where permitted by law)
Request services through an Vite app or website
Contact Vite, including for customer support
Contact other Vite users through our services
Complete surveys sent to you by Vite or on behalf of Vite
Enable features that require Vite’s access to your address book or calendar
Information created when you use our services
Depending on the Vite services that you use, and your app settings or device permissions, Vite may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi.
If you are a vendor or delivery partner, Vite collects location information when the Vite app is running in the foreground (app open and on-screen) or background (app open but not on screen) of your device.
If you are a customer, Vite may collect location information when the Vite app is running in the foreground. In certain regions, Vite may also collect this information when the Vite app is running in the background of your device if this collection is enabled through your app settings or device permissions.
Riders and delivery recipients may use the Viter app without enabling Vite to collect their location information. However, this may affect the functionality available on your Vite app. For example, if you do not enable Vite to collect your location information, you will have to manually enter your collection address. In addition, location information will be collected from the driver partner during your trip, even if you have not enabled Vite to collect your location information.
We collect transaction details related to your use of our services, including the type of services you requested or provided, date and time the service was provided, amount charged, and other related transaction details. Additionally, if someone uses your promotion code, we may associate your name with that person.
Usage and Preference Information
We may collect information about the devices you use to access our services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information and mobile network information.
When you interact with our services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser and the third-party site or service you were using before interacting with our services.
Calls and text messages
We enable users to call or text each other through the Vite apps. For example, we may enable delivery partners and recipients, to call or text each other without disclosing their telephone numbers. To provide this service, Vite receives some information regarding the calls or texts, including the date and time of the call/text, and the content of the text messages. Vite may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, and for analytics.
Address book and calendar information
If you permit the Vite app to access the address book on your device, we may collect names and contact information from your address book to facilitate social interactions through our services and for other purposes described in this policy or at the time of consent or collection. If you permit the Vite app to access the calendar on your device, we collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location and number of attendees.
Information from other sources
These may include:
Users providing feedback, such as as ratings or compliments
Vite business partners through which you create or access your Vite account, such as payment providers, social media services, on-demand music services, or apps or websites who use Vite’s APIs or whose API Vite uses
Financial services providers (if you are a vendor or delivery partner)
Publicly available sources
Marketing service providers
Vite may combine the information collected from these sources with other information in its possession.
Personal Information that may be collected and manner of it
We collect your Personal Information as may be required for the purposes connected thereto when you place an order on the Platform. We may be required to disclose such Personal Information to the Third Parties solely in connection with purchase, sale and delivery of your order in accordance with the terms and conditions stipulated by such Third Party. We use the details provided by you during check out to ensure that orders are successfully delivered on time, and to keep you informed on the status of your order.
Personal Information provided by you in relation to the registration process: In order to provide you a safe, efficient, smooth and customized experience and in order to take advantage of certain features available on the Platform including, but not limited to, public forums, accessing or uploading reviews or taking part in surveys, you will be asked to complete an online registration form which will provide us with Personal Information. In the event you register with us, you will also be asked to choose a user identity and password in order to identify yourself during future uses of the Platform. You can also register on the Platform by logging into online accounts you may have with Third Party social networking sites (“SNS”) (e.g. Facebook, Twitter); each such account, a “Third Party Account”, via our Platform as described below.
As part of the functionality of the Platform, you may link your account with Third Party Accounts, by either: (i) providing your Third Party Account login information to us through the Platform; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the applicable SNS.
If you decide to register by logging into a Third Party Account via our Platform, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize us to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your account and profile page and you will become a member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your account on the Platform. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
Address book and calendar information
Please feel free to change your browser settings if you do not wish to accept cookies. However, please note that changing your browser setting may affect your experience on the Platform.
Collection of Sensitive personal data or information:
We do not collect, store or process Sensitive personal data or information as part of our services on our Platform.
In addition to the cookies, we may also collect information to enable us to understand you better so that we can improve (i) your user experience; (ii) to assist our customer service and technical support personnel; and (iii) put processes in place to prevent fraud and unlawful use. In an effort to make the Platform effective and improve the Platform, certain information may be collected each time you access the Platform. Such information may be saved in server logs in an encrypted form which may not identify you personally. Such information or data may include, but shall not be limited to, IP address, your server details, and duration of your visit, date, time or purpose of your visit. In addition to cookies we use web beacons, ad tags, pixels to advertise as part of the Platform. The above mentioned data may be used by us and may be shared with our sponsors, investors, advertisers, developers, strategic business partners or other associates to enhance and grow the user experience in relation to the Platform.
Other uses of the information provided:
We make all efforts to ensure that we collect only such Personal Information that we believe to be relevant in order to record, support, and facilitate access to the Platform.
Sharing information with Third Party service providers in relation to the Platform:
To the extent necessary to provide you the services on the Platform, we may provide your Personal Information to Third Party contractors who work on behalf of or with us to provide you with such services, to help us communicate with you or to maintain the Platform.
We may offer email, Vite App notifications, SMS, multimedia message service (MMS) or other forms of communication to share information with you about certain promotions or features the Platform may choose to offer or about our affiliates, subsidiaries, business partners, advertisers and sponsors. You may receive such communication when you have registered as a user in order to provide advertisements about goods and services of interest to you.
In the event we are required to respond to subpoenas, court orders or other legal process, your Personal Information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.
Link to Third Party apps and websites
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Vite. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Vite may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Vite may amend the Terms related to the Services from time to time. Amendments will be effective upon Vite’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Vite app enables transactions between gas vendors and buyers (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered for sale by various neighborhood gas Vendors on the Platform and Vite app enables delivery of such orders at select localities of serviceable cities across Kenya (“Delivery Services”). The Platform Services and Delivery Services are collectively referred to as “Services”.
Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between Buyers and Gas suppliers (vendors) alone. The commercial/contractual terms include without limitation taxes, payment terms, date, warranties related to products and services and after sales services related to products and services. Vite does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Gas Delivery Agent. Vite may, however, offer support services to Merchants in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Merchants.
Vite does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment in that behalf.
All Merchant offers and third party offers are subject to respective party terms and conditions. Vite takes no responsibility for such offers. Vite neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Vite accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Vite is not responsible for any non-performance or breach of any contract entered into between Buyers and gas vendors on the Platform.
Vite cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Vite is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Vite is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant.
At no time shall Vite hold any right, title or interest over the products nor shall Vite have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant. Vite will however strive to always ensure good service delivery and customer satisfaction.
Vite is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to gas efficacy, quality, or any other such issues, Vite shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you,such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Vite – Use of the Website and Apps (Android and iOS)
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name “Vite”, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Vite or Merchant on platform or otherwise tarnish or dilute any Vite’ss trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Vite’s systems or networks, or any systems or networks connected to Vite Fix Solutions.You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
Vite shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement. Account Registration or use of the Platform You may access the Platform by registering to create an account (“Vite Account”) and become a member (“Membership”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Vite Account with Third Party Accounts, by either: Providing your Third Party Account login information to us through the Platform; or Allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Platform via your Vite Account.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Vite Account on the Platform.
Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.
We will create your Vite Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may only have one Vite Account and not permitted to create multiple accounts. If found, you having multiple accounts, Vite reserves right to suspend such multiple account without being liable for any compensation.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Vite Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Vite Account.
Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
Ordering and Financial Terms
The Platform allows you to place gas order and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.
You will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Vite may cancel such your order(s).
The Merchant shall be solely responsible for any warrantee/guarantee of the LPG products sold to the Buyers and in no event shall be the responsibility of Vite.
The transaction is bilateral between the Merchant and Buyer and therefore, Vite is not liable to charge or deposit any taxes applicable on such transaction.
Terms of service
You agree and acknowledge that we shall not be responsible for:
The services or goods provided by the Merchant including, but not limited, delivery of gas orders suiting your requirements and needs; The Merchant’s services or goods not being up to your expectations or leading to any loss, harm or damage to you; The availability or unavailability of certain categories of gas; or The Merchant serving the incorrect orders.
You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order request. You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order. However, Vite will always strive to ensure delivery within the shortest time possible.
You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall be charged.
Delivery in the event of change of the delivery location shall be at our sole discretion. You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall be charged the total cost of the order at the time of ordering. Our decision in relation to this shall be final and binding. You understand that our liability ends once your order has been delivered to you.
You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk. You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to Vite to receive promotional SMS, in-app notifications and e-mails from Vite or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to firstname.lastname@example.org
By using the Platform you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact email@example.com
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts: Any part of the Platform or the Platform software; or Any equipment or any network on which the Platform is stored or any equipment of any third party You release and fully indemnify Vite and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of Kenya. Notwithstanding its reasonable efforts in that behalf, Vite cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Access to the Platform, Accuracy and security
We endeavour to make the Platform available to during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may at any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
Relationship with operators if the Platform is accessed on mobile devices In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. however, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third parties / merchants services.
While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. multiple responses may usually be made available from different sources and it is left to the judgments of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
Treatment of information provided by you
Third Party Content
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Governing law and dispute resolution
IP Notice and Take Down Policy
Vite has put in place IP Notice and Take Down Policy (“Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.2. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us. (Note: Vite does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, we are committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Vite.)
We reserve the right to modify these Terms at any time without notice posting changes on the Website/App and you shall be responsible to update yourself of such changes, if any, by accessing the changes on the Website and our App.
Notice and Take Down Policy Template and Procedures
Vite respects third-party intellectual property rights, statutorily registered or common law rights, and has adopted the following policy towards intellectual property rights protection on its website www.vitekenya.com (the “Website”) and the ‘Vite’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.
Reporting Instances of Intellectual Property Violations:
To file a notice of infringement with Vite, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer’s fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vite to locate the material; Information reasonably sufficient to permit Vite to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; The following mandatory statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law”;The following mandatory statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed”; and Sign the document with either your physical or electronic signature; and Send the written communication to: Email to firstname.lastname@example.org or by post Vite Kenya, P.O Box 1176-00511.