PesaZone User Agreement
Last updated December 2nd, 2019
You must carefully read and understand the Terms and Conditions in this Agreement and as amended from time to time. You must comply with these Terms and Conditions before installing or accessing our applications and services. You will be deemed to have accepted these Terms and Conditions upon downloading our mobile device applications or upon accessing our services. These Terms and Conditions may be amended or varied by us from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation.
We expect to need to update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements. We may not always be able to give you advance notice of such updates or amendments but we will always post them on the platform so you can view them when you visit. In these circumstances, by continuing to use the platform, or our services, you agree to be bound by the amended Terms and Conditions.
By using the systems and the services provided via the platform, you confirm that you have had a proper opportunity to read these Terms and Conditions and agree to be bound by them and that you are an individual who is 18 years old or above.
References in these Terms and Conditions to "PesaZone", "we", "us" and "our" means PesaPro Limited. References to "App", "systems", "service" or "platform" means the platform, the PesaZone website and mobile applications, any other online services provided by us and any data managed by, displayed on or transmitted from such services. References to "you" and "your" mean a user of the platform and the services provided via our systems.
Credentials means your personal credentials used to access the App and operate your Account. Equipment includes the devices you may use to access our online services. Services include any form of financial services or products that we may offer you pursuant to this Agreement and as you may from time to time subscribe to and shall be construed accordingly. Platform means software provided by us that allows you to access our services.
Highlighted sections, headings and paragraphs in this Agreement are for convenience only and are not to be taken into account for the purposes of interpretation of this Agreement
In case of any conflict between this agreement and terms received from you, this Agreement shall prevail. This Agreement supersedes any previous agreements, representations, assurances and warranties and also supersedes any term that might conflict this agreement.
All disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination of the Agreement between us for any reason.
Our failure or delay to exercise any right, power or remedy in this agreement will not lead to a waiver of that right, power or remedy. Any part or any provision found invalid or unenforceable by a court of competent jurisdiction does not affect other provisions or parts of provisions in this agreement and they shall remain in full effect.
We may exercise any of our rights under these Terms and Conditions by ourselves or through any company or other legal entity which is under the control or our ownership and each such entity can rely on these terms as though it were a party to this contract. If we cease trading, we may transfer our rights and debts owed to us to a party to whom the debts will be payable, details on the new arrangements will be communicated to you accordingly, the terms of this agreement shall remain in full effect.
As part of the registration process, Know your Customer (KYC) checks and credit risk analysis, we will need to authenticate the identity of the user. We may also require you to send us copies of the relevant identification documents and anything else that we may need. If you do not provide all required items, you may not be able to use our platform.
You agree that, for as long as there are outstanding amounts owed by you to us, you will provide the documents or information we may require promptly on request by us (or our agent). If you no longer want to use our services provided you have no outstanding amounts owed to us, you can let us know in writing and we will end your membership, this does not prevent you from withdrawing any credits standing to your account.
These Terms and Conditions are governed by Kenyan law. For disputes, the parties shall make efforts in good faith to resolve all claims and disputes and in the event that an agreement is not reached within 30 days following reasonable efforts by all parties, the dispute shall be referred for final determination by a single arbitrator appointed in agreement between the two parties and the arbitration shall occur in Nairobi. Arbitrator's determination shall be final and binding upon the parties and shall not be subject to appeal.
To contact us in writing, you will send us the communication via email to firstname.lastname@example.org or to the email addresses communicated to you by ourselves and the communication will be acknowledged by ourselves via email. All our communication to you will be via our website, on SMS, on the App or via email. You will be required to contact us via our website, email addresses or on the App where available, communication via other channels including but not limited to phone calls and physical office visits will not be provided.
You agree and authorize us and our affiliates' and licensees' to transmit, collect, retain, maintain, process and use your data for purposes of providing our services to you or other customers including but not limited to credit score determination, service and experience improvement, loan recovery and repayment purposes.
You agree not to sub-license, disassemble, decompile, reverse engineer, make modifications or alterations to any part of the App and not to combine or include any part with other programs and not to create derivative work based on any part of the App and not to create any software that is substantially similar to our App. You have no right to have access to the App in source-code form.
You agree not to use our services unlawfully, maliciously, fraudulently, offensively and not to use our Service in any way that could overburden or compromise our systems, security or interfere with other users. You must not intercept or collect any data from our services without our consent.
We reserve the right to request for further information from you pertaining to your account at any time. Failure to provide such information within the time required may result in us removing your account and any other consequences as decided by us.
You are permitted to download and print content from this platform solely for your own personal use or in the course of your business to the extent required to use the services provided on this platform and in a way that doesn't affect the running of the service. Our supplied content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written consent.
You agree not to use our platform or any information accessible on or obtained from it for the purpose of canvassing or soliciting any person or enticing any person away from our platform.
You agree not to adapt or circumvent the systems in place in connection with the platform, nor access our systems other than by using the credentials assigned to you and by following the instructions that we have provided for that type of connection. We reserve the right not to act on your instructions where we suspect that the person logged into your Account is not you or we suspect illegal or fraudulent activity or unauthorized use. Any breach of security, loss, theft or unauthorized use of credentials or security information must be notified to us immediately in order for us to assist in stopping or correcting any damage that may result, however, our action will only be on a best effort basis as soon as we confirm receipt of your notification.
Warrants, indemnity and liability
Under no circumstances shall we be liable to you for any losses, anticipated savings, interruption or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with our services even where the possibility of such loss or damage is notified to us. We are not liable for your inability to provide us with proper instructions. Warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
You agree to indemnify us and hold us harmless against any loss, damage, expense, charge or claim which we or you may incur or sustain upon us acting or not acting on your request or instructions or upon unauthorized access to your account or our systems and accounts. You agree to indemnify us and hold us harmless against any loss, damage, expense, charge or claim which we or you may incur or sustain upon breach of security or upon destruction or theft of data or upon our actions or inaction based on reliance on information or data or instructions received from you. You shall be liable to us for any foreseeable loss or damage suffered by us as a result of your breach of any of these Terms and Conditions and any and all use of your platform access credentials.
You hereby irrevocably authorize us to act on all requests received from you (or purportedly from you) through the System and to hold you liable in respect thereof. We may refuse or reject any requests in our sole and absolute discretion even if you have previously made a similar request successfully. We may accept and act upon any request, even if that request is otherwise for any reason incomplete or ambiguous if, in our absolute discretion, we believe that we can correct the incomplete or ambiguous information in the request without any reference to you being necessary. We may in our absolute discretion decline to act on or in accordance with the whole or any part of your request pending further enquiry or further confirmation from you.
We shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any requests on which we may act if we have in good faith acted in the belief that such instructions have been sent by you. You agree to and shall release from and indemnify us against all claims, losses, damages, costs and expenses howsoever arising in any way related to us having acted or failed to act in accordance with the whole or any part of any of your requests at our absolute discretion. You agree that to the full extent permitted by law, we shall not be liable for any unauthorized activity or any incident on your account by the fact of the knowledge and or use or manipulation of your account credentials or any means whether or not occasioned by your negligence.
You warrant and represent that you have disclosed to us any circumstances that you are aware of (including without limitation any claims, undisclosed liabilities, litigation, arbitration, court proceedings or investigations which are current, threatened, pending or otherwise reasonably likely to occur against you by any third party) which could or might result in a material adverse change in your financial condition. You agree that you will promptly provide full details to us upon you becoming aware of or suspecting that any of the circumstances have occurred or may occur, and will also provide us with such information as it may reasonably require about your financial condition, business and affairs from time to time.
We will seek to protect your data and funds available in your account, however, this is not something we are able to guarantee. You consent to the storage, transmission of data and communications through the Internet and you acknowledge that the Internet is not necessarily a secure communications and delivery system, and you understand the confidentiality and other risks associated with it. You agree to be bound by any Communication validated by ourselves or affiliate providing the service to which such communication relates. We accept no liability if communications sent via the platform are intercepted by third parties or incorrectly delivered or not delivered.
We will seek to ensure that our platform is available for you to use at any time. However, this is not something we are able to guarantee and there may be times when the platform is not available. We will do our best to notify you via our website when we know this service will be unavailable.
We accept no responsibility or liability for your use of content on the platform and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses or other malicious programs on the platform, we accept no liability for them if they do exist. It is your responsibility to use, update and maintain appropriate antivirus software on your device. The platform may contain links to websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to the platform, or any use of personal data by such third party.
You also agree that you are aware that despite the measures we may put in place, this remains an online platform whose controls may not meet those provided by banks and is therefore exposed to risks which are not limited to service interruption, unauthorized access or misuse by malicious actors and that the platform or funds transacted or held on the platform are not insured.
You are responsible for ensuring the safe, efficient and error-free operation, proper maintenance, security and authorized use of the equipment you will be using to access our platform and you will be responsible for any charges incurred in connection to the use of your equipment. You are responsible for ensuring there is no unauthorized use of your equipment and that your credentials remain secret and secure and you hereby agree to indemnify and hold us harmless from any losses resulting from any disclosure or unauthorized use of your credentials.
You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the platform is free from viruses and anything else which may have a contaminating or destructive effect on any part of the platform or any other technology.
You shall ensure to examine and check all communication from us and review the data displayed on the App to ensure you are able to detect any unauthorized access or use of the system and notify us immediately upon detecting such an event. You shall not use our services in a manner prejudicial to any party.
You must notify us immediately you notice a discrepancy on any payment, charge, fee or interest we may have omitted or applied.
Any payment made to us may be deducted in order to offset any amounts owed to us including but not limited to payments made for the purchase of products such as Airtime and Power Tokens. We shall send you communication regarding any amounts sent to you erroneously, to assist in the recovery of such amounts, we shall provide you with a reasonable period upon which such amounts should be refunded, failure to which the amounts shall be converted to a loan and the relevant fees and terms shall be applied. Payments made to us for the account of a customer registered on our service shall not be refundable, payments shall be converted to PesaZone credits which the customer shall utilize by repaying loans and in purchasing the available products such as Airtime.
For the avoidance of doubt, we shall not be liable to any party for any direct or indirect losses arising from or in connection with any action taken (or not taken, as the case may be) by us when pursuing measures to recover an overdue loan owed by you, you will settle or compensate us for any expenses, losses, claims or settlements that may be awarded or we may incur during such processes.
You warrant that all information provided to us in the course of the registration and lending process is true and accurate in all respects. You agree that you will promptly update us if any of the information you provide to us changes. We use our own internal guidelines and policies to process user registration applications but we have complete discretion as to whether to allow you to be a user on our platform. We may suspend or place limitations on your account at any time if we believe it is appropriate in order to comply with our legal obligations or internal policies.
We reserve the right to decline your loan request or application, to revoke the same at any stage and to suspend or close your account at our sole and absolute discretion and without assigning any reason or giving any notice thereto.
The interest and facilitation fees applicable to each loan will be displayed on our App at the time of your loan application, we may vary the interest and facilitation fees for each loan application at our own absolute discretion, you will be required to review these fees as displayed on the App before submitting any loan application. We will be authorized to apply late fees if you fail to make payments on or before the due date for the payment, details on how the late fees will be charged will also be displayed on the App before you submit your loan application. We may vary the late fees downwards upon our discretion. We are entitled to set, amend and charge transaction fees in relation to your use of our services, details regarding the charges will also be displayed on the App or our website. You agree that you are aware that our charges, late fees, facilitation fees and interest rates are determined at our own absolute discretion to the maximum extent permitted in law. The charges, fees and interest rates will be applied in line with the loan terms displayed on the App during the time of your loan application. We are entitled to set and charge transaction fees, in connection with your use of the Services and from time to time amend or vary the transaction fees for the services, these charges will also be displayed on the App.
You agree and authorize us to obtain and procure your personal information from the credit reference bureaus and you further agree and consent to the disclosure and provision of such Personal Information by the credit reference bureaus. We reserve the right to supply your credit information to the credit reference bureaus, and you confirm that we may transmit to the credit reference bureaus data about your usage of our services and termination of an account. You acknowledge that information on non-compliance with the Terms and Conditions of this Agreement is transferred to the credit reference bureaus. You agree that the credit reference bureaus may provide a credit profile and possibly credit scores on your creditworthiness, subject to the data we have provided about you.
Your payments to us shall be in full without any deduction or withholding and if you are required to make any deduction or withholding from any payment to us, you shall pay the additional amounts to us immediately to result in us receiving an amount equal to what we would have received if the deduction or withholding had not been required. All payments to be made by you in connection to a loan are determined without regard to taxes payable by you and in case there are taxes payable in connection with your payment, you must pay us the additional amount that is payable as tax at the same time as you make the payment.
A loan will be declared defaulted if it is not repaid in full within a period of 90 days after the loan due date, this will include any late fees, accumulated interest and charges applied on the loan in line with the terms of the loan which were displayed to you during the loan application process unless the failure occurs once you are declared bankrupt or due to an error on our service which you have taken all reasonable measures to communicate to us and we have acknowledged in writing. Upon defaulting on a loan, we may declare the outstanding loan amount immediately payable, supply credit reference bureaus with information regarding the default, refer the loan to debt collectors, use any data in our possession for loan recovery purposes via means such as but not limited to contacting persons listed on your phonebook, call history and SMS conversations as we seek to identify persons known to you who may assist us in the recovery process. You agree to indemnify us on and settle any charges or costs we may incur directly or indirectly as a result of our attempts to recover a loan from you, including but not limited to debt collectors' fees and settlements to any party who may be aggrieved by our loan recovery processes. You agree that in the event of missed payments on a loan we may take loan recovery steps and in certain circumstances, we may act outside and or ahead of the recovery process to pursue missed payments, seek information or engage persons known to you, take steps to prevent the occurrence of missed payments or default, in each case where we consider this to be in our best interests.
If our attempts to collect the funds fails after the payment was due, your account will be treated as an overdue account and we will continue to attempt to collect the funds. We may refer the missed payment to a debt collections agency, who will attempt to collect the money on our behalf and you authorize us to use the debt collections agency on your behalf. Any fee that the debt collections agency charges for this service may be added to the loan amounts that they are seeking to collect. We may also apply other measures in our control in an attempt to collect an overdue payment, this includes the use of your personal data and the reach out to contacts listed on your personal data. You agree to indemnify, settle and or compensate us for any expenses, losses and or legal implications that we may suffer in the process of loan recovery.
If you wish to have your loan account deactivated, you will be required to make the request in writing via email to email@example.com.
We may at our own absolute discretion, terminate or vary our business relationship with you, you may then issue a request to us requesting for the return of a credit balance resulting from a loan overpayment and such balance will be returned less the applicable fees provided that the resulting amount is above the minimum transfer amount specified by the relevant mobile money service provider. The termination will not affect any accrued liabilities of either party. Any operations on your account upon us receiving a written communication regarding your demise will only be allowed upon receipt of orders from a competent authority.