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Terms & Conditions

Terms of Service Your Agreement with Viglant

Welcome to the Viglant website, an online service designed and offered by Fraud-Vigilance. ("Viglant") And its affiliates especially for small businesses. These terms of use are intended to explain our obligations as a service provider and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

If you use this website, you are agreeing to be bound by these Terms of Use without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth under this agreement, or if you breach any of the Terms of Use contained herein, your permission to use the Viglant Apps or access any of the Services (defined below) offered by them immediately lapses and you must destroy any materials downloaded or printed from the Viglant Apps.

Viglant Offers a number of Services offered in addition to the service offered via the Viglant website ("Additional Services"), and so please note that additional terms may apply. When you use an Additional Service, you also will be subject to the terms and conditions applicable to that specific Additional Service ("Specific Additional Service Terms"). Note that if these Terms of Use are inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control. See Section X below.

Viglant Reserves the right to modify or change these Terms of Use at any time without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the Site. Your use of the Viglant Apps are subject to the most current Terms of Use posted on the Site at such time. The most current version can be reviewed by clicking "Terms of Use" hyperlink at the bottom of our Site pages.

A. Definitions

The following terms shall have the following meaning throughout the Terms of Use.

  1. "Agreement" or "this agreement" refers to these Terms of Use.
  2. "Applicable law" refers to the laws currently in force in Nairobi, Kenya which shall govern this agreement.
  3. "Site" means this website, all related WebPages, and all related websites operated by affiliates or divisions of Viglant, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
  4. "Service" and "Services" refer to the online national, employee and trading partner's databases, fraud alerts, and other small business-related services and Support offered through the Viglant Apps from time to time.
  5. "Subscriber" refers to any person who maintains an account with us and utilizes our Services.
  6. "Support" means free and paid technical support and assistance provided to users by Viglant Pros and other third party contractors of Viglant From time to time.
  7. "Viglant", "we", "us" shall refer to a commercial product of Fraud- Vigilance LTD. and all its affiliates and subsidiaries.
  8. "Viglant Apps" means the Site and all mobile applications and other applications which provide access to the Services offered by Viglant And its affiliates from time to time.
  9. "Viglant Parties" includes Viglant Its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
  10. "You" and "user" shall refer to any person who visits the Site or uses the G- LINDE! Apps and includes a subscriber and its employees and agents.

B. Scope of our service

Scope of our Services

Through the Platform, we provide an online application through which potential business partners and employers can connect with other each other and assess a party's credit worthiness before engagement. When rendering our services, the information that we disclose is based on the information provided to us by Clients and third party data merchants.

The Company acts solely as an intermediary between you and potential business partners and we transmit details of your interest to connect with a business partner by sending them a confirmation SMS and/or email. Failure to correct this information or contact us regarding within 7 (seven) days is deemed as acceptance.

Subscribers post in our platform instances of fraud and theft to them by business partners and/or employees. Before posting any negative report, effort is made to inform individual or point man of a business entity is notified by SMS and/or email to their last known contacts and they are given 7 (seven) days within which to respond. Failure to respond to us within this time is deemed as admission.

Using our Services

The use of the online database and business' platform of the Viglant Website is reserved to customers.

Access to the online database and business' platform of the Viglant website is granted to customers only for the duration of their subscription. On expiry of this subscription, access to the online database will be deactivated.

Usage of the online database and other services provided by Viglant is only possible by registration. Online access data (i.e. account activation link) will be provided to you upon registration and payment of subscription fees.

Misuse of Viglant Services is prohibited. For example, an attempt to access the services with methods other than those provided in the instructions by Viglant is prohibited. The Services may be used only as within the law. Viglant reserves the right to stop or suspend services to customers who do not comply with the terms or policies provided or when investigating suspected misconduct.

Your Content

Some of the services we provide allow our subscribers to upload, send, submit, store and receive content.

Businesses are informed that by using our Services, they agree to share data they enter into the online database with other subscribers to the database.

Businesses are obliged to observe legal data privacy regulations. Subscribers are therefore prohibited from modifying or extracting data from the online database that is not intended for their use.

The end-user warrants that whatever information submitted to the Service Provider shall be material that can be used for legal purposes and in legal proceedings; that such reports and materials submitted to the Service Providers website shall in nature be material, information, reports, news, articles of information that shall be capable of being reported to governmental authorities and law enforcement agencies with the mandate to investigate and prosecute on basis of such information. There must be adequate evidence for the allegations to stand prosecution in a Kenyan court of law.

End-User represents and warrants that they shall be solely liable for any false, malicious, scandalous, inaccurate reports, news, articles of information submitted to the Service Provider.

C. General

Viglant Grants you a non-exclusive, non-transferable limited license to use the Viglant Apps and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.

You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem, a printer, and in some cases a mobile device, tablet computer or other equipment. You shall also be responsible for the maintenance of such equipment.

You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.

Subscribers to certain Viglant Apps may provide password access to authorized users (called user). An authorized user is a user designated by you via the manage user functionality available in the Viglant App. Such authorized users may have access to the information and perform various tasks as instructed by the subscribers which include but not limited to database queries, flagging, managing files any other lawful tasks that the subscriber may prescribe. If you administer your Viglant Account on behalf of a business or corporation, you represent and warrant that you have the right to provide passwords and access credentials to your Guest Collaborators.

Viglant May, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Viglant May also limit the geographic locations or jurisdictions where certain Services may be available.

Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the Viglant Apps or the Services whatsoever are to discontinue using the Viglant Apps and the Services.

The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords, as well as unauthorized use.

You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the G- LINDE! Apps or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of the Viglant Apps and the Services. Viglant Accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Viglant Apps or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.

Principles of Use

Principle 1: Reciprocity

The National Fraud Database relies on member data. Members must contribute their own cases to receive benefit from the data shared by other members.

Principle 2: Purpose Limitation (Legitimate reasons for searching)

Data from the National Fraud Database can be used in a wide range of situations for the purpose of the prevention, detection and investigation of fraud and financial crime.

Principle 3: Transparency

Subjects have a right to know how data will be used and how any decisions related to them have been made.

Principle 4: Lawfulness (Searching and filing)

Subjects must only be searched and filed if they have been legally informed of how their data may be used via a Fair Processing Notice.

Principle 4: Lawfulness (Standard of Proof)

Cases filed to the National Fraud Database must be supported by evidence and meet the 'three pillars' of the Standard of Proof. The Standard of Proof is:

  1. That there are reasonable grounds to believe that a Fraud or Financial Crime has been committed or attempted;
  2. That the evidence must be clear, relevant and rigorous such that the member could confidently report the conduct of the Subject to the police;
  3. The conduct of the Subject must meet the criteria of one of the Case Types;

All Subjects involved that meet the Standard of Proof, must be filed to the National Fraud Database

Principle 5: Fairness (Proportionality)

Members must ensure that the data is interpreted in a proportional manner according to their own risk appetite and the product being assessed.

Principle 5: Fairness (Protecting innocent parties)

Innocent parties should be filed to the National Fraud Database for their own protection and be clearly distinguished from any other Subject involved in the Case.

Principle 6: Accuracy

All data that is captured must be accurate and loaded within one business day of the Standard of Proof being met.

Principle 7: Integrity (Security of the National Fraud Database)

Access to the National Fraud Database is restricted and all members must have adequate policies, procedures and technical measures in place to protect the data.

Principle 8: Data Minimization

Members must be able to retrieve the evidence to support a case filed to the National Fraud Database but they must not hold data indefinitely. Once it's served its purpose, it must be deleted securely and permanently.

D. Conditions of Use

You agree to use the Viglant Apps and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.

If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of the G- LINDE! Apps. Your registration for any of the Viglant Apps constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a user name and password. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of the Viglant Apps (e.g. employee/ trading partner information) confidential and up to date. If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business's principals to open the account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one director. If you leave the business and your businesses principal contacts us we may be required to provide access to the G- LINDE! Account. You agree to hold harmless and release the Viglant Parties from any liability if we do so.

Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the Viglant Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Viglant Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.

If you register to use Viglant Employee and trading database, you hereby represent and warrant to us that you have obtained all consents necessary in your jurisdiction to provide us and our third party service providers with the information required to provide the database Services. This includes consent to access your employees and trading partners information. You expressly authorize Viglant And you agree to hold harmless and indemnify the Viglant Parties against any damages, losses or claims arising in respect of database processes and access to employee and trading partners data (excepting fraud, willful neglect, or manifest error by Viglant, its affiliates or third party providers.)

Your Content

Some of the services we provide allow our subscribers to upload, send, submit, store and receive content.

Businesses are informed that by using our Services, they agree to share data they enter into the online database with other subscribers to the database.

Businesses are obliged to observe legal data privacy regulations. Subscribers are therefore prohibited from modifying or extracting data from the online database that is not intended for their use.

The end-user warrants that whatever information submitted to the Service Provider shall be material that can be used for legal purposes and in legal proceedings; that such reports and materials submitted to the Service Providers website shall in nature be material, information, reports, news, articles of information that shall be capable of being reported to governmental authorities and law enforcement agencies with the mandate to investigate and prosecute on basis of such information. There must be adequate evidence for the allegations to stand prosecution in a Kenyan court of law.

End-User represents and warrants that they shall be solely liable for any false, malicious, scandalous, inaccurate reports, news, articles of information submitted to the Service Provider.

E. Software Notice

In the event that a user is required to download or use software in connection with the Services, he or she shall be unable to download and access such software unless he or she first agrees to the license agreement relating to such software. Use of any such software is governed by these Terms of Use and any such license agreement.

F. Copyrights, Trade-Marks and Intellectual Property

Viglant and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the Viglant Apps and the Services. The technical procedures, processes, concepts and methods of operation those are inherent within the Viglant Apps constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the Viglant Apps by a user or otherwise provided for accessing the G- LINDE! Apps on the user's behalf shall at all material times remain the property of the user. The user hereby grants to Viglant A worldwide, perpetual, royalty free, non exclusive right and license to use all content provided by the user in connection with the Viglant Apps and the Services for uses related to the delivery of the Services.

Materials on and relating to the Viglant Apps, including the content of the G- LINDE! Apps and any software downloaded from the Viglant Apps are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Viglant Reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the G- LINDE! Apps or any content there from without Viglant Express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Viglant Apps.

Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screen shots) which you generate as a subscriber using the Services. Your use of screen shots is subject to the following:

  1. No screen shot may be used from any version of the Viglant Apps unless it has been commercially released to the public;
  2. the use is for illustrative purposes;
  3. the use may not imply any endorsement or affiliation by or with Viglant;
  4. the screen shot does not contain any commentary which may appear to have been attributable to us;
  5. the screen shot does not contain any third party content; and
  6. the use does not infringe on any of these terms of use.

Viglant Has rights to several trade-marks which it uses in connection with the operation of the Viglant Apps. Viglant Does not grant the users any right or license to use the Viglant Trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.

G. Prohibited Use

The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.

The user AGREES never to upload, flag or report a person/ business for malicious reasons. This may include unsubstantiated data that may defame, injure, and bring to question the good standing of a person or business.

The user agrees not to use data obtained from our site to discriminate against a person/ business in course of hiring, contracting and normal business/employee relations. Our data has not been verified nor has the accused faced full course of law.

The users agree not to publish post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.

No user shall use any means to restrict or prevent another user from accessing or enjoying the Viglant Apps.

No user shall be permitted to upload material into the Viglant Apps that he or she ought to know infringes on the rights of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the Viglant Apps and the Services in a manner which could block access to impair damage or otherwise disable the Viglant Apps or any of our servers. You may not attempt to gain unauthorized access to the Viglant Apps or to any other user's accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.

No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Viglant In a manner that is inconsistent with our intellectual property rights over the software.

No user shall promote any commercial interest, falsify or delete any information on the Viglant Apps collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the Viglant Apps under false pretences.

H. Limitation of Liability

THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE Viglant PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A "CLAIM") WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF THE Viglant APPS AND ITS SERVICES AND ANY RELATED APPLICATIONS INCLUDING THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO THE Viglant APPS; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF THE Viglant APPS AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.

FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE ViglantAPPS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) AND (B) A QUARTER (1/4) AMOUNTS YOU'VE PAID Viglant IN THE 12 MONTH PERIOD PRIOR TO THE DATE THE EVENT GIVING RISE TO THE CAUSE OF ACTION OCCURS (IF ANY);.

EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, Viglant, ITS LICENSEES, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS, DISCLAIM, AND EXPRESSLY DO NOT PROVIDE ANY DIRECT OR INDIRECT, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY OR MERCHANTABLE QUALITY; OR THAT THE Viglant APPS, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET THE USERS' REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. (V) ACCURACY OF DATA RECEIVED ON YOUR PART. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE G- LINDE! APPS AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND YOU AGREE TO USE THE Viglant APPS, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO THE Viglant APPS AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF THE G- LINDE! APPS AND SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING THE Viglant APPS AND THE SERVICES.

I. Termination of Service

Viglant May terminate this agreement and your use of the Viglant Apps at any time without notice, including, without limitation, if you breach any of these terms. Subscribers may use Viglant On an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. The following are the ways in which the agreement between a subscriber and Viglant May be terminated.

  1. You follow the "Close your Viglant Account" instructions found on your Account page.
  2. We issue notice to any party to the effect that that party has in our reasonable judgment breached this agreement or any other agreement as between the parties and upon expiration of 7 days to remedy the breach and such party failing to do so.
  3. In case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.

Upon such termination, you must immediately cease using the Viglant Apps indefinitely. We may at our option immediately block your access to the G- LINDE! Apps.

J. Ownership and Disclosure of Information

You own all of your business's private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and the Viglant Apps.

Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:

  1. For the purposes of fraud prevention and law enforcement;
  2. To comply with any legal, governmental or regulatory requirement;
  3. To our lawyers in connection with any legal proceedings; and
  4. To comply with a court order.

If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. Viglant Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.

O. Governing Law and Dispute Resolution

Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Kenya and are applicable therein as applied to agreements entered into and to be performed entirely within Kenya, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection therewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Nairobi, Kenya. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the Kenya.

You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class- wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.

P. Legal Status of Viglant

The websites www.fraudvigilance.com, app.viglant.com, and www.viglant.com are property of Fraud Vigilance LTD a company incorporated under the Kenya Business Corporations Act.

R. Privacy Policy

Viglant Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your business' information (the "Information") collected for the purposes of the Services offered through our website. The G- LINDE! Privacy Policy is based on applicable legislation as well as 10 internationally recognized privacy principles, and may be updated from time to time.

W. Digital Millennium Copyright Act

Some of the content provided on the Viglant Apps from time to time may be contributed by users. You represent and warrant that any content or material provided to us does not breach the rights, including copyright, of others.

Procedure for Reporting Copyright Infringement Claims:

If you believe your copyright in any work has been infringed and such work is accessible through the Viglant Apps, you may notify Viglant you must provide the following information when providing notice of the claimed copyright infringement, which Viglant may then forward to the alleged infringer:

  1. identification of the copyrighted material that you believe has been infringed;
  2. identification of the allegedly infringing material on the Viglant Apps, with sufficient detail to enable us to locate it on the Viglant Apps;
  3. your address, telephone number and email address;
  4. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. provide your or your agent's physical or electronic signature.

You may provide this information in writing or by email notification to the following Designated Agent:

Attention: Support Desk
Fraud-Vigilance
Othaya road
P.O. BOX 12418-00100
Nairobi
info@fraudvigilance.com

Procedure for Counter-Notification:

If material that you have posted to the G- LINDE! Apps has been taken down, you may file a counter-notification by contacting Viglant copyright agent, who can be reached here, Attention: Copyright Agent, which counter-notification must contain the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your name, address and telephone number;
  4. A statement that, notwithstanding the choice of laws and venue otherwise set out herein, you consent for the purposes of this counter-notification and other proceedings under the DMCA to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for the jurisdiction of the Courts of the Province of Ontario in the City of Toronto, Canada, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
  5. Your physical or electronic signature.

NOTE THAT YOU MAY BE HELD LIABLE FOR DAMAGES, COURT COSTS AND ATTORNEY'S FEES INCURRED BY US, BY A COPYRIGHT OWNER, OR BY A COPYRIGHT OWNER'S LICENSEE IF YOU PROVIDE ANY FALSE INFORMATION, OR MISREPRESENT YOURSELF AS THE RIGHTFUL OWNER OF COPYRIGHTED MATERIAL. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.