About KYS(KnowYourStaff)

IMPORTANT: PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING, USING, OR MAKING A PURCHASE OF SERVICES AND PRODUCTS ON WWW.KYS.COM.NG (“WEBSITE/APP”).

These Terms and Conditions of Use (collectively, the "Terms" or “Agreement”), together with the Privacy Policy, represent the legally binding agreement between you and IQ Systems Solutions Limited (the "Company"). These Terms govern your access of use of the information, services, software functionality, and/or materials (“services and materials”) provided by the company on or through the website/app; and your use of any background information services (‘background information services”) provided to you in connection with any subscription(s). The company is willing to license or allow the use of the website, the related services and materials, and the background information services to you only on the condition that you accept and agree to all of the terms and conditions contained in this document. By using this website, you expressly accept and agree to be bound by and abide by all the terms contained herein. If you do not agree with the entirety of these terms, you are not granted permission to access or use this website/app and/or the services and materials, and you are hereby instructed to exit this website/app immediately.

THE WEBSITE/APP PROCESSES SENSITIVE PERSONAL DATA. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PLAN THROUGH THE WEBSITE. YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN FULL IF YOU USE OR MAKE A PURCHASE ON THIS WEBSITE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND OTHER POSTED POLICIES THEN DO NOT USE THIS WEBSITE, DO NOT PROVIDE ANY INFORMATION TO THIS WEBSITE, AND DO NOT PURCHASE ANY PRODUCTS ON THE WEBSITE.

1. Arbitration And Class Action Waiver

Except where prohibited by law, you and the company agree that all claims, disputes or controversies between you and the company (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), its parents, affiliates, subsidiaries or related companies, relating to our Website/app, the services and materials published by the Company on or through the Website/app, any transaction or relationship between us resulting from your use of our Website/app, communications between us, or the purchase, order, or use of our plans, the information provided in connection with our background information services, and your use of our background information services and other services, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by the final and binding arbitration procedures set below. the parties acknowledge and agree that any such claims shall be brought solely in the party's individual capacity, and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. The parties further agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by the court. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. This arbitration contract shall be governed by the Arbitration and conciliation Act (Chapter A18, Laws of the Federation of Nigeria 2004).

The following procedures shall apply:

• 1. Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
• 2. In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. arbitration shall be conducted by a single arbitrator appointed by the parties. If the Parties are unable to agree on the choice of the arbitrator, the matter shall be referred to the President of the Chartered Institute of Arbitrators; who shall appoint the arbitrator and his decision shall be final. The arbitration shall take place in Lagos, Nigeria.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.

Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR WEBSITE OR PLANS.

2. Legal Age Requirement & User Obligations

By installing, accessing, or using this Website or app you hereby represent that you are at least 18 years of age - or the legal age of majority in your permanent jurisdiction of residence. The Company reserves the right to request any subscriber to provide written proof of age in any form.

By installing, accessing, or using this Website/app you hereby represent that you will, at all times, provide true, accurate, current, and complete information when submitting information to this Website, including, without limitation, when you provide any information to the Company via an email or any registration or submission form found on the Website/app. If you provide any false, inaccurate, untrue, or incomplete information, the Company reserves the right, in its sole discretion, to immediately and without notice terminate your access to and use of this Website/app and/or cancel any of your pending transactions or registrations with the Company. In addition, you agree to abide by all applicable local, state, federal, and international laws and regulations with respect to your use of this Website/app. You also acknowledge and agree that use of the Internet and this Website/app are solely at your own risk. While the Company has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website/app over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, the Company is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these issues.

Please be advised that save for the medical certificate, nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information. Unless otherwise indicated, opinions expressed herein are those of the users of the Website/app at the time of publication and do not necessarily represent the corporate views of the Company. That is not to say that you will not find valuable and accurate information on the Website/app; much of the time you will. However, the Company cannot guarantee the validity of the information found here.

Neither the Company, its sponsors nor anyone connected to the Company can take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

You are deemed to have the consent and authorization of your employee or any other third party whose sensitive personal information you disclose on the KYS website/app and are hereby fully liable to the information owner for any unauthorized disclosure.

3. License Grants

License Grant for Use of Website

Subject to your continued strict compliance with the terms and conditions of this document and subject to the limitations below, the Company provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use the Website/app. You may download and print materials and information from the Website/app solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Website/app shall be determined by the Company in its sole and absolute discretion; (ii) the Company has the right to control and direct the means, manner, and method by which the Website is provided; (iii) the Company may, from time to time, engage independent contractors, consultants, or subcontractors to aid the Company in providing the services, Website/app or use thereof; and (iv) the Company has the right to provide the service and Website/App to others. In addition, you hereby acknowledge and agree that these Terms provide you with only a limited license to access and use the Website/app. Accordingly, you hereby acknowledge and agree that the Company transfers no ownership or intellectual property interest or title in and to the Website/App to you or anyone else under these Terms. The Company hereby reserves any and all intellectual property rights not otherwise expressly granted in these Terms.

License Grant Associated with Services Provided under Subscription Plans

Upon a customer's subscription, the Company hereby grants to the customer a limited license to use its Background Information Services and any data contained therein, subject to the restrictions and limitations set forth herein. The Company hereby grants to customer a limited license to use its Background Information Services offered in connection with a Subscription solely for the customer's own internal personal purposes. Customer represents and warrants that all of customer's use of the Company’s Background Information Services shall be for only legitimate purposes. Customer shall not use Background Information Services for commercial, collections, governmental, marketing, advertising or marketing purposes or resell or broker services to any third-party and shall only use Background Information Services for personal (non-business) purposes. Customer shall not use Background Information Services to provide data processing services to third-parties or evaluate the data of or for third-parties. Customer agrees that if the Company determines or reasonably suspects that continued provision of Background Information Services to customer entails a potential security risk, or that customer is otherwise violating any provision of these Terms, or any of the laws, regulations, or rules described herein, the Company may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the Background Information Services. Customer shall not access Background Information Services from Internet Protocol addresses located outside of the Federal republic of Nigeria and its territories without the Company’s prior written approval. In any event, customer understands and agrees that (i) Background Information Services are provided to it in the Federal Republic of Nigeria at the point at which Customer accesses Company server facilities; and (ii) the Company makes no representation regarding the legality of accessing such Background Information Services from outside of the Federal Republic of Nigeria and its territories.

Customer may not use Background Information Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of Background Information Services and information provided therein. The Company may at any time mask or cease to provide customer access to any Background Information Services or portions thereof which the Company may deem, in the Company’s sole discretion, to be sensitive or restricted information. Customer acknowledges that the Background Information Services available through Subscription may include personally identifiable information and it is the customer's obligation to keep all such accessed information confidential and secure.

Specific Disclaimer Concerning Medical Information. The medical information provided in this Website/App is for informational purposes only. Know that medical conditions of individuals vary over time and the medical information provide is the person’s condition at the time of medical examination. We strongly urge you to discuss any current health related problems you are experiencing with a healthcare professional immediately.

This content is not intended as, and therefore should not be interpreted as, medical advice or medical opinion. This is not a substitute for medical services and no patient-physician relationship is formed by any use of this service. Do not act or rely upon this information without seeking the advice of your physician. By using the services provided on this Website/App, you agree to hold the Company harmless and waive liability for any information provided, and any decisions you may make related to this medical information or its use.

4. Restrictions

Notwithstanding the foregoing license grants, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website/App. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website/App or in any way reproduce or circumvent the navigational structure or presentation of the Website/App in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Website/App, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Website/App, (b) any other systems or networks connected to the Website/App, (c) any Company server, or (d) to any of the services offered on or through the Website/App, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website/App or the Company’s systems or networks or any systems or networks connected to the Website/App, (vi) use any device, software, or routine to interfere with the proper working of the Website/App or any transaction conducted on the Website/App, or with any other person’s use of the Website/App, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Company on or through the Website/App, (viii) use the Website/App to harvest or collect e-mail addresses or other contact information in a manner inconsistent with these Terms; or (ix) use the Website/App in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact the Company. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY THE COMPANY TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. Taxes

All orders are subject to applicable taxes in the states where the subscriber resides.

Updating Your Personal Information

If your personal information changes, please contact KYS at help@kys.com.ng with your updated personal information.

6. General Payment Information

All fees are payable in Nigerian currency, Naira. The Company offers several methods of payment for you to purchase Subscription, including debit cards and credit cards. The Company reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Subscription from the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase a Subscription, please contact our customer service department at 0803 … By subscribing through the Website, you authorize the Company to charge your debit or credit card accordingly. Upon prior email notice to you, the Company may change its pricing and/or billing practices. If you do not agree with these changes, you may cancel your subscription, but you will remain responsible for payment of any and all fees that you have already incurred. Continued enrollment of the subscription after receipt of such email notice constitutes consent to any and all such changes. If you fail to make any scheduled payment for a subscription, the Company may, in its sole discretion, terminate your subscription.

7. Removing Your Information

If you would like to remove your personal information from the Website, please send a mail to info@kys.com.ng.

8. Privacy Policy

You hereby understand, acknowledge, and agree that the operation of certain portions of the Website/app and/or the receipt of certain information or benefits may require the submission, use, and dissemination of certain personally identifiable information. Accordingly, if you wish to access and use those areas of the Website/app, and/or receive such information or benefits, you hereby acknowledge and agree that your use of this Website/app will constitute acceptance of the Company’s personally identifiable information collection and use practices. Please see the Company’s Privacy Policy for a summary of the Company’s personally identifiable information collection and use practices. The Company’s Privacy Policy is located here

9. Posting

The Website/app, and/or any social media page controlled by the Company that is accessible directly through the Site (each, a “KYS Social Media Page”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, “Forum”). To the extent the Website/app and/or any KYS Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Website/app and/or any KYS Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:

• 1. Anything that interferes with or disrupts the operation of the Website/app and/or KYS Social Media Page
• 2. Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others
• 3. Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others
• 4. Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction
• 5. Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person
• 6. Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the Company
• 7. Statements or material that misrepresents your affiliation with any entity and/or KYS
• 8. Statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials
• 9. Statements or material that are “off-topic” for a designated Forum.

10. Permission To Use Postings

You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or by otherwise using the Website/app and/or a KYS Social Media Page to transmit or display a Posting, you automatically grant the Company, for a period of ten (10) years, renewable at the Company’s option, a royalty-free, irrevocable, non-exclusive, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to the Company and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that the Company has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Website/app and/or a KYS Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Website/app and/or a KYS Social Media Page, the Company has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, the Company assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.

11. Proprietary Rights

All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website/App, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by the Company and/or its suppliers and are protected by the Federal Republic of Nigeria and foreign laws including, but not limited to, the Federal Republic of Nigeria copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in these Terms, the Company does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Website/App may violate intellectual property or other proprietary rights laws of the Federal Republic of Nigeria and/or a foreign nation, as well as other laws, regulations, and statutes. The Website is Copyright © 2017 KYs and/or its licensors. All rights reserved. The Company also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through this Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by the Company and/or its suppliers. KYS® and all other names, logos, and icons the Company, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by the Company, and any use of such marks without the prior express written permission of the Company is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. In connection with the purchase of a subscription and use of the Company’s Background Information Services, you may browse through the Website and download any information you obtain in connection with the Company’s Background Information Services. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Website. You may not attempt to alter or modify the content posted on the Website. Except as expressly set forth in these Terms, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Website itself. Notwithstanding anything in these Terms to the contrary, the Company or the Company’s data provider shall own your search inquiry data used to access its Background Information Services (in the past or future) and may use such data for any purpose consistent with applicable federal, state and local laws, rules and regulations, and the Company’s Privacy Policy.

12. Enforcing Security On The Site

Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Laws of the Federal Republic of Nigeria. The Company reserves the unqualified right to view, monitor, and record activity on the Website/app without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Website/app is subject to review by law enforcement organizations in the sole and absolute discretion of the Company. The Company will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, the Company reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website/app or any portion thereof.

13. Submissions

The Company welcomes your feedback and suggestions about how to improve the Website/app and/or the events, programs, Background Information Services, Subscriptions, and/or services of the Company. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to the Company, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to the Company. In addition, any feedback received through this Website/app will be deemed to include a royalty-free, irrevocable, transferable, sublicensable, non-exclusive right and license, for a period of ten (10) years, renewable at the Company’s option, for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.

14. Third Party Products/Services

The Company, in its sole and absolute discretion, may post the advertisements of third parties on this Website/app and/or feature materials, programs, events, products, and services provided by third parties. The Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Your correspondence or any other dealings with third parties found on this Website/app are solely between you and such third party. The Company expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Website/app, and you agree that the Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties’ materials, products, and/or services on this Website/app.

15. Links To Other Sites

The Company may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by the Company and may be maintained by third parties over which the Company exercises no control. Accordingly, the Company expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.

16. Performance And Disclaimers

KYS will use commercially reasonable efforts to deliver the information you requested through the Company’s Background Information Services and other Services; provided, however, you accept all information "AS IS." You acknowledge and agree that KYS obtains its data from third-party sources, which may or may not be completely thorough and accurate, and that you shall not rely on KYS for the accuracy or completeness of information supplied through its Background Information Services. Without limiting the foregoing, the criminal record data that may be provided as part of the Company’s Background Information Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. You understand that you may be restricted from accessing certain information and services which may be otherwise available. KYS reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of its Background Information Services.

EXCEPT AS OTHERWISE PROVIDED, THE WEBSITE/APP, THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE SITE, ALL BACKGROUND INFORMATION SERVICES, AND ALL SUBSCRIPTIONS AVAILABLE FOR PURCHASE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. KYS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE/APP. MOREOVER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE/APP AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE/APP FOR ANY PURPOSE, AND EXCEPT AS PROVIDED ABOVE, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE/APP AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE.

17. Limitation Of Liability

Neither the Company, nor its subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, the Company, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as "Released Parties") shall be liable to you (or to any person claiming through you to whom you may have provided data that you obtained from the Company as a result of its Background Information Services) for any loss or injury arising out of or caused in whole or in part by the Released Parties' acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the services available in connection with the Company’s Background Information Services. The Released Parties do not make and hereby disclaim any warranty, express or implied with respect to Subscription, Background Information Services, or other offerings available through the Website. The Released Parties do not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of its Background Information Services or information provided therein. In no event shall the Released Parties be liable for any indirect, incidental, or consequential damages, however arising, incurred by you from receipt or use of information delivered hereunder or the unavailability thereof. Due to the nature of public record information, the public records and commercially available data sources used in the Background Information Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Background Information Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified.

In addition to the above, you expressly absolve and release the Released Parties from any claim of harm resulting from a cause beyond the Released Parties’s reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, BACKGROUND INFORMATION SERVICES, AND THE SUBSCRIPTIONS AVAILABLE FOR SALE ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; AND (D) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE OFFERINGS AVAILABLE ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.

IF APPLICABLE LAW DOES NOT PERMIT ANY SUCH LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE MAXIMUM LIABILITY OF THE RELEASED PARTIES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE-HUNDRED NAIRA (N100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THIS WEBSITE/APP, THE SUBSCRIPTIONS AND/OR BACKGROUND INFORMATION SERVICES OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Indemnity

Upon request by the Company, you agree to defend, indemnify, and hold harmless the Company and its affiliates, their employees, contractors, agents, representatives, shareholders, officers, directors, co-branders, content licensors, and/or other partners from all liabilities, claims, and expenses, including, without limitation, attorneys fees that arise from: (a) your use of the website or the Subscriptions and Background Information Services; and/or (b) your breach of these Terms and/or (c) use of information received by you (or any third-party receiving such information from or through you) furnished by or through the Company’s Background Information Services. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.

19. Audit

You understand and agree that, in order to ensure compliance with applicable laws, regulations or rules, regulatory agency requirements, these Terms, and the Company’s obligations under its contracts with its data providers and the Company’s internal policies, the Company and its data providers may conduct periodic reviews of your use of its Background Information Services and may, upon reasonable notice, audit your records, processes and procedures related to Customer's use, storage and disposal of the Background Information Services and information received therefrom. You agree to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by the Company will be subject to immediate action including, but not limited to, suspension or termination of the Limited License to use the Background Information Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.

20. Governing Law

These Terms have been made in and will be construed and enforced in accordance with the laws of the Federal Republic of Nigeria without regard to its principles of conflicts of laws. Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Website/app, or the use of the Website/app, must be brought within one year after such claim or cause of action arose. Any action by you relating to these Terms, or to the Company’s services, materials, events and/or Background Information Services, and Subscriptions accessed or purchased through this Website, shall be brought only in the federal or state courts presiding in Lagos State, Nigeria, and all parties to these Terms expressly agree to be subject to the exclusive jurisdiction of such courts. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, or the Company’s services, materials, events, Subscriptions and/or Background Information Services accessed or purchased through this Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These English-language Terms are the Company’s official agreement with users of this Website/app. In case of any inconsistency between these English-language Terms and its translation into another language, this English-language document controls. The Website/app is controlled and operated by IQSS from its offices and facilities within the Federal Republic of Nigeria. The Company makes no representation that the Website/App is appropriate or available for use in other locations, and access to the Website/App from territories or nations where any aspect of the Website/App is illegal is hereby expressly prohibited. You access the Website/App solely on your own volition and are responsible for compliance with all applicable local laws.

21. Term And Termination

These Terms will take effect (or shall re-take effect) at the time you click “I ACCEPT”, submit information through this Website/App, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Website/App, whichever is earliest. The Company reserves the right at any time and without notice to deny you access to the Website/App or to any portion thereof and to terminate your rights under these Terms, in its sole and absolute discretion. Your rights under these Terms will terminate automatically if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website/App in your possession. The provisions concerning permission to use postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of these Terms for any reason.

22. Waiver & Severability

Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Company of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by the Company in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect. Provisions herein related to release of claims; indemnification; use and protection of information, Background Information Services, payment for Subscriptions, audit, the Company’s use and ownership of your search inquiry data, disclaimer of warranties, security; customer data and governing law shall survive any termination of these Terms.

23. Electronic Signature

You acknowledge and agree that by agreeing to this Agreement electronically you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS OFFERED BY THE OPERATOR OF THE WEBSITE.

24. Entire Agreement

No joint venture, partnership, employment, or agency relationship exists between you and the Company as result of these Terms or your utilization of this Website/App. These Terms, the Company’s Privacy Policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and the Company with respect to use of the Website/App, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to this Website/App. Be advised that the Company reserves the sole and absolute right to change the terms and conditions of these Terms and the terms and conditions under which this Website/App and its many offerings are extended to you by posting and providing notice of revised Terms or mailing and/or e-mailing notice thereof to you. In addition, the Company may add, modify, or delete any aspect, program, or feature of this Website. The Company may, at any time, impose restrictions and/or prohibitions on your use of the Background Information and other Services or certain data available through subscriptions. You understand that such restrictions or changes in access may be the result of a modification in the Company’s policy, a modification of third-party agreements, a modification in industry standards, a security event or a change in law or regulation, or the interpretation thereof. Upon written notification by the Company of such restrictions, you agree to comply with such restrictions. Your continued use of this Website following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of these Terms. Accordingly, please review the Terms found at this location on a periodic basis.

25. Contact Information

If you have any questions about these Terms, please feel free to contact us at 080…, email us at help@kys.com.ng , or write us at …

DISCLAIMER: The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person's criminal history. KYS does not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. For more information, please review KYS Terms of Use. Last Update: …

Privacy Policy

This Privacy Policy describes the information collection, use, and disclosure practices of KYS, hosted at www.kys.com.ng (the “Site”).

Information Collection

When you interact with the Site by registering or making a purchase, we may collect certain personal information you knowingly choose to disclose to us, such as your name and email address; biometrics, such as fingerprints; financial data, such as your payment card information; employment-specific medical records; or other demographic data. You may provide this information when you register with the Site, purchase products, participate in promotions or surveys, fill out web forms, or agree to receive messages from KYS. We will also collect any other information you voluntarily provide, like when you send us an email or publicly post on chat groups or forums.

You are strongly advised to seek the consent of your employee or any third party before disclosing their sensitive personal information on the KYS website/app for use in accordance with this Privacy Policy and the KYS Terms of Use.

The Site may also passively collect non-personal information that is automatically sent to us by your web browser or device including but not limited to your IP address, domain servers, or your computer or internet browser type. This data is helpful for improving the Site and for marketing purposes.

We may also collect aggregated information as you visit the Site.

Information Use

We may use the information we collect to:

• 1• Respond to your requests;
• 2• Confirm and track your subscription or registration;
• 3• Analyze preferences, trends, and statistics;
• 4• Inform you of our new products, services, and offers;
• 5• Provide our marketing partners with your contact information so they can contact you about goods and services;
• 6• Operate the Site and customize your experience;
• 7• Identify or remedy potential threats to the Site’s security; and
• 8• For any other purpose stated at the time of collection.

Cookies

This Site is cookie-enabled to give you a more customized user experience. We may also use web beacons. Cookies and web beacons are small text files stored on a computer and later used to recognize a user. For example, cookies and web beacons can help store your password so you do not have to re-enter it each time you visit the Site. We use cookies and web beacons for purposes such as the following:

• 1• Understanding traffic patterns on the Site and how users interact with the Site;
• 2• Improving our products and services;
• 3• Optimizing and managing the Site;
• 4• Providing anonymized or aggregated data to our advertisers and partners for research, modeling, or auditing purposes;
and
• 5• Providing you with relevant advertising and content.

Cookies may be placed by IQSS or a third party service provider. Users can personalize their browser settings to reject cookies, although certain features of the Site may not function as intended.

Sharing Information

IQSS may share your personal information, including your name, address, email address, and data about transactions conducted on our Site with third parties, including third-party advertising partners who may send you information about their products or services. Your email address will be shared with our mailing partner for the purposes of sending third party promotional email communications. IQSS uses third party service providers to help us with hosting, billing, fulfillment, and data storage and security. We do not share payment information, except with service providers, and only for order fulfillment.

If you enter a co-sponsored contest or lottery, any information collected will be shared with the co-sponsor in accordance with the co-sponsor’s privacy policy. Do not participate in contests or lottery if you do not wish to share your information in this way.

If we or some or all of our assets are acquired by another organization, including through a sale in connection with bankruptcy, that organization will possess the information collected by us, and it will assume the rights and obligations regarding your information as described in this Privacy Policy document.

We may disclose personal information or other data to comply with law or legal requirements, enforce or apply our Terms of Use and other agreements, or protect our rights, property, or safety of our users, or others.

Third Party Links

For your convenience, this Site may contain certain hyperlinks to other websites. We make no promises or guarantees regarding data collection on the hyperlinked pages that are not operated by KYS. We recommend that you read the privacy policy/statement for each site you visit.

Your Choice

We may use the personal information we collect from you to provide you with opportunities to offer you products and services that may be of interest to you. If you would like to opt out of future promotional materials from us, you may indicate this preference by following the unsubscribe instructions at the end of such email communications, by selecting the “opt out” box on our online forms, or by contacting us at help@kys.com.ng.

If you would no longer like to receive offers from our marketing partners, you can unsubscribe by following the unsubscribe link located at the bottom of each email communication.

Interest Based Advertising

We may partner with third-party advertising providers to serve ads on our behalf on non-affiliated third party sites. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information we or the online advertising network serving the ad collect about your online activities here and elsewhere over time. For example, anonymous information collected across multiple sites that you visit over time may enable the ad network to predict your preferences and show you ads that are most likely to be of interest to you. Please note that we do not share any information that identifies you personally with the third party service providers who serve ads on our behalf.

Updating Your Personal Information

If your personal information changes, please contact KYS at help@kys.com.ng with your updated personal information.

Updates

From time to time, we may update this Privacy Policy. We will notify you of any material changes to our Privacy Policy by updating this page. We encourage you periodically to check this site to learn about the information we collect, use, and share. Your continued use of the Site affirms your agreement to such changes.