TERMS AND CONDITIONS
Last updated
July 17, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are PESAFY TECHNOLOGIES LLP
('Company',
'we', 'us', or 'our')
, a company registered in
Kenya
at Kasarani
, Nairobi
, Nairobi
.
We operate the
website https://pesafy.africa (the
'Site')
, as well as any other related products and services that refer or link
to these legal terms (the 'Legal Terms') (collectively, the
'Services').
We help businesses digitize their operations
You can contact us by
phone at 0110063230, email at pesafyafrica@gmail.com
, or by mail to Kasarani
, Nairobi
, Nairobi
,
Kenya
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
'you'), and PESAFY
TECHNOLOGIES LLP, concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. Changes to Legal Terms will become effective
seven (7) days after the notice is given, except if the changes
apply to
security updates
, bug fixes
, new functionality
, and a court order
, in which case the changes will be effective immediately. By continuing to use the Services after the effective date of
any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may
terminate Services as per the section '
TERM AND TERMINATION
'.
All users who
are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the
Services. If you are a minor, you must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations
do so on their own initiative and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service
marks, and logos contained therein (the 'Marks'
).
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES
' section below, we grant you a
non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly
gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:
pesafyafrica@gmail.com. If we ever grant you the permission to post, reproduce,
or publicly display any part of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
and contributions
Please review this section and the 'PROHIBITED ACTIVITIES
' section carefully prior to using our
Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions'), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may invite you to chat, contribute to,
or participate in blogs, message boards, online forums, and other functionality during which you may create,
submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through
the Services, including but not limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
.
When you post Contributions, you grant us a
licence (including use of your name, trademarks, and
logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute,
sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image,
name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or
incorporate into other works, your Contributions, and to sublicence the
licences granted in this section. Our use and distribution may occur in any
media formats and through any media channels.
This licence
includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services
or making Contributions accessible through the Services by linking your account through the Services
to any of your social networking accounts, you:
- confirm that you have read and agree with our
'PROHIBITED ACTIVITIES
' and will not post, send, publish,
upload, or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to
any such Submission and/or Contribution;
- warrant that any such Submission and/or
Contributions are original to you or that you have the
necessary rights and licences to submit
such Submissions and/or Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or
Contributions; and
- warrant and represent that your Submissions
and/or Contributions do not constitute confidential
information.
You are solely responsible for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have the right
to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may
also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately refer to the
'
COPYRIGHT INFRINGEMENTS
'
section below.
By using the Services, you represent and warrant
that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with
these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any
applicable law or regulation.
If you provide any information
that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to
register to use the Services. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to promptly
update account and payment information, including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may change prices at any time. All payments shall
be in KES.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any such amounts upon
placing your order.
If your order is subject to recurring charges, then you consent to our charging
your payment method on a recurring basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping address. We reserve the right
to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
6. CANCELLATION
All
purchases are non-refundable.
You can cancel your subscription at any time by contacting us using the
contact information provided below. Your cancellation will take effect at the
end of the current paid term.
If
you are unsatisfied with our Services, please email us at pesafyafrica@gmail.com
or call us at 0110063230
.
You may not access or use the
Services for any purpose other than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services,
you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce limitations
on the use of the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorised framing of
or linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as 'spyware' or 'passive
collection mechanisms' or 'pcms'
).
- Interfere
with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services, or use or
launch any unauthorised
script or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorised use of the
Services, including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretences.
- Use
the Services as part of any effort to compete with us or otherwise use the Services and/or
the Content for any revenue-generating endeavour or commercial enterprise.
8. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other material
(collectively, 'Contributions'
). Contributions may be viewable by other users of the Services and through third-party
websites. As such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you thereby represent and
warrant that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have
the necessary licences, rights,
consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorised advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass
or threaten (in the legal sense of those terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or well-being
of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any applicable law
or regulation.
Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
By posting your
Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you have the right to grant,
to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or incorporate into other works, such Contributions, and grant
and authorise sublicences of the
foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media,
or technology now known or hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided by you in any area
on the Services. You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our
sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorise any Contributions to
place them in more appropriate locations on the Services; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no obligation to monitor your
Contributions.
10.
GUIDELINES FOR REVIEWS
We may provide you areas on the
Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not
contain discriminatory references based on religion, race, gender, national origin, age, marital status,
sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5)
you should not be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8)
you may not organise a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove
reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid,
assignable, and sublicensable right and licence
to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all
content relating to review.
11. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are excessive in size or are in any
way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Services.
12. PRIVACY
POLICY
We care about data privacy and
security. Please review our Privacy Policy: https://pesafy.africa/policy.html. By using the Services, you agree to
be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services
are hosted in
Germany
. If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure that differ from applicable laws
in
Germany
, then through your continued use of the Services, you are transferring
your data to
Germany
, and you expressly consent to have your data transferred to and processed
in
Germany
.
13. COPYRIGHT
INFRINGEMENTS
We respect the intellectual property
rights of others. If you believe that any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify us using the contact information provided below (a
'Notification'). A copy of your Notification
will be sent to the person who posted or stored the material addressed in the Notification. Please be advised
that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in
a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
14. TERM
AND TERMINATION
These Legal Terms shall remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will
be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
16. GOVERNING
LAW
These Legal Terms shall be governed
by and defined following the laws of
Kenya
. PESAFY TECHNOLOGIES LLP and yourself irrevocably consent that the courts
of
Kenya
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these
Legal Terms.
17. DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least fourteen (14) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other Party.
Binding
Arbitration
Any dispute
arising out of or in connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of
this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be three (3). The seat, or legal place, or arbitration shall be
Nairobi,
Kenya
. The language of the proceedings shall be English.
The governing law of these Legal Terms shall be substantive law of
Kenya
.
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
18. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without prior
notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
one (1)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these
Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6)
any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
22. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in writing. 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 BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may
have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
25. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
PESAFY TECHNOLOGIES LLP
Kasarani
Nairobi
, Nairobi
Kenya
Phone: 0110063230
pesafyafrica@gmail.com