Effective 15th of September, 2017
1.1. These terms govern your use of this website and mobile application, malilock.com, either by accessing the website itself though the internet, or by use of the mobile application on the windows, android and IOS platforms, or by use of its services through short messaging system (hereinafter referred to as "SMS").
1.2. By accessing and using this website or mobile application, you accept to be bound by these terms. If, however, you do not agree to be bound by these terms, then you should not proceed in the use of this website or mobile application.
NOW THE USERS OF THE WEBSITE AGREE TO BE BOUND BY THESE TERMS AS FOLLOWS:
a) malilock.com (hereinafter referred to "the platform") is a common platform where buyers can inquire the status of property, which has been flagged by registered users of the website or mobile application, as missing or stolen, before purchase; and
b) The platform is run by Liotrack, a limited liability company registered in Kenya and whose address APA ARCADE, HURLINGAM, NAIROBI and whose postal address is P.O. BOX 7640-00100 NAIROBI, KENYA.
2.0. License to use the platform
2.3. The user should not:
2.1. Unless otherwise stated, the platform and or its licensors own the intellectual property rights in and material on the platform.
2.2. The user may view, download for caching purposes only, and print pages or other content from the platform for personal use, subject to the restrictions set out below and elsewhere in this agreement.
3.0. Acceptable use
2.3.1. Republish material from this platform, including republication on another website or mobile application or other platform;
2.3.2. Reproduce, duplicate, copy or otherwise exploit material on this platform for commercial or any other purpose;
2.3.3. Edit or otherwise modify any material on the platform, with the exception of the user's personal data or data concerning their property published by the user on the platform, or any other data published on or relayed through the platform that originates from the user.
2.3.4. Redistribute material from this platform, except for content specifically and expressly made available for redistribution.
3.2. Registration process of a user
3.1. Access by registered and unregistered users
3.1.1. The website can be accessed by both registered and unregistered users.
3.1.2. A registered user may enter description of their property on the platform's portal and indicate the status of the said property as stolen, lost, private or on sale.
3.5. Unacceptable use
3.2.1. For a user to register on the platform, they will be required to provide the following information: name, phone number, email address and a password.
3.2.2. The registration process is done through a standard form provided on the platform.
3.3. Use by registered and unregistered users
3.3.1. A registered user may enter the status of their property as stolen, lost, private or on sale and the description of their property, such as electronic devices and vehicles, by entering on the platform's
portal, the respective serial number(s) for electronic devices and chassis number and/or engine number for motor vehicles.
3.3.2. Any user, including an unregistered user, may inquire the status of property before purchase of the respective property.
3.3.3. The inquiry into the status of property by the prospective buyer may be done the website or mobile application or via use of the short code 22384 to which the user may send an SMS "malilock" as the keyword and the unique identifier of the item, including IMEI or serial number or MEID for electronic devices, and serial number and/or chassis number or engine number for motor vehicles.
3.4. Voluntary and anonymous reporting
3.4.1. A user may voluntarily submit an anonymous report via the platform when they, for instance, have information about property flagged as missing or stolen on the portal.
3.4.2. The registered user may receive an anonymous report or alert either through the platform or via SMS.
3.4.3. Liotrack cannot guarantee the accuracy of the information provided through the anonymous reporting feature and shall not be held liable for any loss or damaged occasioned upon the user who has relied on such information.
3.4.4. Liotrack shall not be under any obligation to assist the user to track the stolen or missing property over and above the purpose and functionality of the website.
3.5.1. The user shall not use this platform in any way that causes or could cause, damage, impairment of the availability or accessibility of the platform; or in any way which is unlawful,
illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.5.2. The user shall not use this platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm or other malicious computer software.
5.0. Limitations of liability
4.1. This platform is provided on an "as is" basis without any representations or warranties, express or implied. There are no representations or warranties in relation to this platform or the information and materials provided therein.
4.2. Without prejudice to the foregoing, it is not warranted that:
4.2.1. The platform will be constantly available, or available at all;
4.2.2. The information on this platform, including but not limited to the information related to property posted by registered users, and information supplied through anonymous reports, is complete and accurate.
4.3. Nothing on this platform constitutes or is intended to constitute legal or any other advice of any kind.
5.1. Liotrack shall not be liable to the user in relation to the contents of, or use of, or otherwise in connection with this platform:
5.1.1. to the extent that the platform is provided free-of-charge, for any direct loss;
5.1.2. for any indirect, special or consequential loss; or
5.1.3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contacts or business relationships, loss of reputation or goodwill, or loss or corruption of information of data.
5.2. Liotrack cannot guarantee the veracity of the information posted on the platform by users, or any information availed through the voluntary anonymous reporting feature and subsequent alerts transmitted through SMS, or any other information related to the platform and its users, and will not be held liable for any loss or injury resulting from use of or reliance upon this information.
5.3. Nothing in this disclaimer will exclude or limit any warranty implied by law that would be unlawful to exclude or limit, and nothing in this disclaimer will exclude or limit the platform's liability in respect of any:
5.3.1. personal injury caused by the Liotrack's negligence including but not limited to negligent and unauthorized disclosure of a user's information to third parties;
5.3.2. fraud or fraudulent misrepresentation on Liotrack's part, its administrators, officers, employees and authorised agents;
5.3.3. matter which it would be illegal or unlawful for Liotrack to exclude or limit, or to attempt or purport to exclude or limit its liability.
5.4. By using this platform, the user agrees that the exclusions and limitations set out in this disclaimer are reasonable.
5.5. The user accepts that, as a limited liability company, Liotrack has an interest in limiting personal liability of its officers and employees, and agrees not to bring any claim personally against its officers, employees and other authorised agents in respect of any loss or injury suffered in connection with the platform.
5.6. Nothing in clause 5.5. limits the provisions of clause 5.3.
5.7. Liotrack shall not be liable for any loss or damage occasioned upon the user as a result of unauthorized disclosure of the user's information occasioned by hacking of the platform by a third party.
5.8. Without prejudice to the foregoing, the user agrees that the limitations of warranties and liability set out in this disclaimer will protect Liotrack's officers, agents, subsidiaries, successors, assigns and subcontactor's as well as Liotrack and its product, the platform.
6.0. Indemnity The user hereby indemnifies Liotrack in relation to the platform and undertakes to keep it indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by Liotrack arising out of any breach by the user of any provision of these terms, or arising out of any claim that you breached any provision of these terms and conditions.
7.0. Privacy of information on the website
7.2. Using personal information
7.1. Collecting personal information Liotrack may collect, store and use the following kinds of personal information:
7.1.1. information about the user's computer and about the user's visits to and use of this platform, including the user's IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and platform navigation paths;
7.1.2. information that the user provides during the registration process on the platform's portal including: email address, phone number, email address and the user's account password.
7.1.3. information that the user provides when using the services on the platform, or that is generated in the course of the use of those services.
7.1.4. information that the user posts for publication on the platform including but not limited to the status and specific identifiers of the property entered into the platform's portal.
7.1.5. information contained in or relating to any communication that the user sends through the platform, including the communication content and metadata associated with the communication; and
7.1.6. any other personal information that the user chooses to relay through the platform.
7.5. Retaining personal information
7.2.1. Personal information submitted to the platform's administrators through the platform will be used for the purposes specified in this agreement or on the relevant pages of the platform.
7.2.2. The website's administrators may use the user's personal information to:
18.104.22.168. administer the platform;
22.214.171.124. enable the user's use of the services available on the platform;
126.96.36.199. send the user email and SMS notifications that the user has specifically requested;
188.8.131.52. deal with enquiries and complaints made by or about the user relating to the platform;
184.108.40.206. keep the platform secure and prevent fraud as reasonably as possible; and
220.127.116.11. verify compliance with the terms governing the use of the platform.
7.3. If the user submits personal information for publication on the platform, it will be published and used in accordance with the license the user grant to the platform's administrators;
7.4. Disclosing a user's personal information
7.4.1. Liotrack may disclose the user's personal information to any of its employees, officers, insurers, professional advisers, agents,
suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this agreement.
7.4.2. Liotrack may disclose the user's personal information to any member of its group of companies including its subsidiaries, ultimate holding company and all its subsidiaries, insofar as reasonably necessary for the purposes set out in this agreement.
7.4.3. Liotrack may disclose the user's personal information:
18.104.22.168. to the extent that it is required to do so by law;
22.214.171.124. in connection with any ongoing or prospective legal proceedings;
126.96.36.199. in order to establish, exercise or defend its legal rights, including providing information to others for the purposes of fraud prevention;
188.8.131.52. to the purchaser, or prospective purchaser, of any business or asset that it is selling or contemplating selling; and
184.108.40.206. to any person whom it reasonably believes may apply to a court or other competent authority for disclosure of that personal information where, in its reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
220.127.116.11. to the extent that the user has authorised the Liotrack and the platform's administrators to disclose the user's personal information.
7.4.4. Except as provided in this policy, Liotrack shall not provide the user's personal information to third parties.
7.7. The user's rights
7.5.1. This clause sets out Liotrack's data retention policies and procedure, which are designed to help ensure that it complies
with its legal obligations in relation to the retention and deletion of personal information.
7.5.2. Personal information that it process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.5.3. Liotrack shall retain documents (including electronic documents) containing personal data:
18.104.22.168. to the extent that it is required to do so by law;
22.214.171.124. if it believes that the documents may be relevant to any ongoing or prospective legal proceedings; and
126.96.36.199. in order to establish, exercise or defend its legal rights, including but not limited to providing information to others for the purposes of fraud prevention.
7.6. Security of the user's personal information 7.6.1. Liotrack shall take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of the user's personal information.
7.6.2. Liotrack shall store all the personal information provided by the user on its secure servers.
7.6.3. The user acknowledges that the transmission of information over the internet is inherently insecure, and Liotrack cannot guarantee the security of data sent over the internet.
7.6.4. The user is responsible for keeping the password they use for accessing the website confidential; Liotrack will not ask the user for their password, except when the user logs in to the platform.
7.6.5. The user may update their personal information posted on the platform at any time.
8.0. Breach of terms
7.7.1. Liotrack may withhold personal information that the user request to the extent permitted by law.
7.7.2. The user may instruct Liotrack at any time not to process the user's personal information for marketing purposes.
7.8. Third party websites
7.8.1. The platform includes hyperlinks to, and details of, third party websites, including but not limited to social media sites such as Facebook, twitter and Instagram.
7.8.2. Liotrack has no control over, and is not responsible for, the privacy policies and practices of third parties.
10.0. Deregistration by a registered user
8.1. Without prejudice to Liotrack's rights under these terms, if the user breaches these terms in any way, Liotrack may take the following actions as it deems appropriate to deal with the breach:
8.1.1. suspending the user's access to the platform,
8.1.2. prohibiting the user's access to the platform;
8.1.3. blocking computers using you IP address from accessing the platform;
8.1.4. contacting the user's internet service provider to request that they block the user's access to the platform; and/or
8.1.5. bringing legal proceedings against the user. 9.0. Variation of terms 9.1. Liotrack may revise the platform's terms from time-to-time as necessary.
9.2. Revised terms shall apply to the use of this platform from the date of publication of the revised terms.
A registered user may deregister their platform account by sending a request via email to firstname.lastname@example.org.
11.1. Liotrack may revise transfer, sub-contract, or otherwise deal with its rights and obligations under this agreement without any reference to the user or without obtaining the user's consent.
11.2. The user shall not transfer, sub-contract or otherwise deal with their rights and obligations arising from this agreement.
13.0. Entire agreement
12.1. If a provision of this agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, this will not affect the enforceability of the other provisions of the agreement.
12.2. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to have been deleted, and the rest of the provision will remain enforceable.
14.0. Governing law
13.1. This agreement together with any attendant documents constitutes the entire agreement between the user and Liotrack in relation to the use of the platform.
13.2. This agreement supersedes any previous agreements in respect to the use of this platform.
The validity construction and performance of this agreement shall be governed by the laws of the Republic of Kenya.
15.0. Arbitration All claims and disputes whatsoever arising under this Agreement shall be referred to arbitration in accordance with the provisions of the Arbitration Act of Kenya (Act Number 4 of 1995) or such modification or amendments as may
be made to the Act from time to time, by a single arbitrator to be appointed by agreement between the parties or, failing agreement within fourteen (14) days of the notification by either party to the other of the existence of a dispute or claim, to be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch, Nairobi on the application of either party.