TERMS AND CONDITIONS OF USE
1. INTRODUCTION
PesaPata is a digital platform that brings together willing borrowers and lenders. This digital platform comprises of but not exhaustively; USSD, SMS, Android, IOS and Web platforms. PesaPata ("PesaPata" or "Platform" or "we" or "our" or “system” or “PesaPata system”) a trade name owned and managed by PesaPata Ventures Ltd. PesaPata purposes to build a community that shares its resources in an environment of honesty, promoting togetherness and growth. On our platform, lenders can see people who are willing to borrow, details of service providers such as verification agencies, collection agents and other such service providers that would provide services to either lenders or to borrowers. PesaPata is neither a collective investment scheme nor a "Chama" fund or any other such financial scheme.
2. DEFINITIONS
IN THESE TERMS AND CONDITIONS, the following words and expressions (save where the context requires otherwise) bear the following meanings:
2.1“BORROWER” means a Customer who has registered as a borrower on the Platform and borrows money under the Terms and Conditions herein.
2.2. “CREDIT REFERENCE BUREAU” (CRB) means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information;
2.3. “CUSTOMER” means the person who has registered on PesaPata platform as a lender or borrower and is acting as an independent contractor.
2.4. “CUSTOMER CARE CENTRE” means the people assigned to assist PesaPata customers;
2.5. “E-MONEY” means the electronic monetary value;
2.6. “EQUIPMENT” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the platform;
2.7. “IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons and its successors;
2.8. “KRA” means Kenya Revenue Authority and is mandated by the Government of Kenya for tax administration and collection.
2.9. “LENDER” means a Customer who has registered as a lender on the Platform and has accepted the Terms of Use herein and acting as an independent contractor lends money under a Loan Contract;
2.10. “PESAPATA INDEPENDENT CONTRACTOR ACCOUNT” means an account held by an independent contractor with PesaPata and which is opened and operated in accordance with the Terms and Conditions herein contained;
2.11. “USSD” means the Unstructured Supplementary Services Data, which allows you to browse PesaPata menus;
2.12. “PIN” means your Personal Identification Number being the secret code used to access and operate an Account;
2.13. “NETWORK” means the mobile cellular network or internet connection;
2.14. “REQUEST” means a request or instruction received by PesaPata from you or purportedly from you through the Network and the System and upon which PesaPata is authorized to act;
2.15. “SERVICES” shall include any form of financial services or products that PesaPata may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;
2.16. “SMS” means a Short Message Service consisting of a text message transmitted from one mobile phone to another mobile phone;
2.17 “T&C’S” means the terms and conditions of the agreement.
2.18. “WE,” “OUR,” AND “US,” means PesaPata and includes the successors and assigns of PesaPata;
2.19. “YOU” OR “YOUR” means the Customer and includes the personal representatives of the Customer;
2.20. THE WORD “CUSTOMER” shall include both the masculine and the feminine gender as well as juristic persons;
2.21. WORDS IMPORTING the singular meaning where the context so admits include the plural meaning and vice versa.
2.22. “USER” means individuals interacting with the platform to lend, borrow or seek information regarding the products, services and the system and may include the lender, borrower and parties seeking information regarding the products, services and the system.
2.23. "SYSTEM" means the PesaPata platform owned and managed by PesaPata Ventures Ltd.
2.24. “ID” means Identification which is used to prove who you are.
3. ACCEPTANCE OF TERMS AND CONDITIONS
Before proceeding to use the PesaPata System you should carefully read and understand these Terms and conditions which will govern the use and operation of the system.
You will be deemed to have read, understood and accepted these Terms and Conditions:
3.1 UPON CLICKING ON THE “ACCEPT” option on the PesaPata Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or
3.2 BY USING AND CONTINUING TO USE this Platform, you agree to the Terms and Conditions that PesaPata has provided.
3.3 IF YOU DO NOT WISH TO AGREE to these Terms and Conditions, please uncheck the “accept terms and conditions” checkbox or refrain from accepting the terms and conditions on the PesaPata Menu.
If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Platform. If you do not agree to be bound by this T&C and the Privacy Policy, you may not use the Platform in any way.
4. DESCRIPTION OF PRODUCTS & SERVICES
In the Platform, PesaPata provides the capacity to lenders and borrowers, service providers to borrowers, partners who facilitate lending and credit reports for lenders and borrowers.
By agreeing or your acceptance by checking the "accept terms and conditions" in the login menu we shall be entitled to send you regular updates via email/ SMS/ phone call or any other means regarding our Services and Product offerings.
5. GENERAL AGREEMENT
This Agreement sets out the complete terms and Conditions (hereinafter called “these Terms and conditions”) which shall be applicable to the user of this Platform (as hereinafter defined) opened by you (as hereinafter defined) with PesaPata Ventures Limited (as hereinafter defined).
By using this Platform (other than to read this T&C for the first time), users agrees to comply with all the terms and conditions hereof. The right to use this Platform is personal to the user and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User's password(s), if any. User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of PesaPata, and PesaPata shall not be responsible for any data lost while transmitting information on the internet. While it is PesaPata’s objective to make the Platform accessible 24 hours per day, 7 days per week, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of PesaPata, access to the Platform may be interrupted, suspended or terminated from time to time. PesaPata shall have the right at any time to change or discontinue any aspect or feature of PesaPata, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, PesaPata may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
6. MODIFIED TERMS
PesaPata reserves the right at all times to discontinue or modify any of the Terms and Conditions as may be deemed necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and you continue to use our Platform, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon PesaPata's posting thereof. Any use of PesaPata by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
7. LICENSE AND PLATFORM ACCESS
PesaPata grants you limited access for personal use of the Platform. This access does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Platform and the framing of any Content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in PesaPata’s sole discretion) an unreasonable or disproportionately large load on PesaPata’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by PesaPata to prevent or restrict access to the Platform. Any unauthorized use by you shall terminate the permission or license granted to you by PesaPata. By using this Platform and by accepting to agree to these terms and conditions you also agree that you shall not hack or otherwise hire some third party to hack the Platform or use any other unauthorized means without a written consent of PesaPata and access any third party information. You shall in such an event be liable of a criminal offence and PesaPata shall institute appropriate legal proceedings to claim damages. PesaPata also reserve rights to institute proceedings in accordance with the law relating to intellectual property rights violation or infringement available to it in case the misuse of this Platform.
8. PESAPATA USER ACCEPTANCE
8.1 USER ELIGIBILITY: PesaPata Service is not available to persons under the age of 18 or of unsound mind or who are declared insolvent or to any Users suspended or removed from the system by PesaPata for whatsoever reason. If you do not qualify, you may not use PesaPata or the Platform.
8.2 USER RIGHTS: By agreeing to the terms and conditions set out in the agreement, PesaPata grants the user non-transferable and non-exclusive rights to the PesaPata platform as expressly constituted in this agreement. The user;
8.2.1 WILL NOT LEASE, rent or sub-license the digital platform.
8.2.2 WILL NOT MODIFY the digital platform in any way, wholly or partly.
8.2.3 WILL NOT REVERSE ENGINEER or create derivative works based on a part or the whole digital platform
8.2.4 WILL NOT ACCESS OR ALTER THE SOURCE CODE of the digital platform in any manner
8.3 USER REQUESTS: The user herein irrevocably authorizes PesaPata to act on all requests received from the platform where such requests will be deemed to have been initiated by the user who is in possession of their PesaPata platform.
PesaPata in its discretion reserves the right to reject requests deemed as in breach of the terms and conditions contained herein.
PesaPata shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, PesaPata believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
PesaPata may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you. PesaPata shall not be under any obligation to so decline in any case and shall in no event or circumstance be liable for not so declining.
You agree to and shall release from and indemnify PesaPata against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to PesaPata having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.
You acknowledge that to the full extent permitted by law PesaPata shall not be liable for any unauthorized transfer, acceptance, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your PesaPata platform or any means whether or not occasioned by your negligence.
8.4 USER CONDUCT AND RESPONSIBILITIES: the user has the sole responsibility of maintaining the safety of their phones and accounts for the purposes of accessing the PesaPata platform.
9. YOUR ACCOUNT
In consideration of your use of the Platform, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or goods under the laws as applicable in Kenya. Additionally, you are more than 18 years of age. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Platform's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PesaPata has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PesaPata has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). As PesaPata is a Platform that enables borrowers to find lenders and lenders to find borrowers, it considers provisions of wrong information on its Platform willingly an act that would constitute misrepresentation, fraud and cheating. If you use the Platform, you are responsible for maintaining the confidentiality of your account and password (if any), and for restricting access to your equipment. You agree to accept responsibility for all activities that occur under your account. You agree to notify PesaPata immediately of any unauthorized use of your account or any other breach of security. PesaPata reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. In the event, PesaPata finds that the information shared by the User of the Platform is incorrect or that the User is in breach of terms and conditions of the Platform or User is in default of the lenders and borrowers’ agreement then in such case PesaPata may add the name and details of such person in the list of persons who are blacklisted from receiving funds or lending.
TYPES OF ACCOUNT
9.1 LENDER ACCOUNT
9.1.1 AS A HOLDER OF A PESAPATA Lender Account, you are required to invest a minimum amount of Kes. 2,500 to your e-wallet to facilitate lending through our PesaPata platform. The transaction fees payable is between you and your service provider. There is no maximum amount set for investments by lenders on the PesaPata platform.
9.1.2 FACILITATION FEE EARNED from loans issued is payable to the lender once the loan is fully repaid.
9.1.3 PRINCIPAL AMOUNTS ONLY on loans are guaranteed for refund to the extent where the principal amount was applied on a loan that has fallen 60 days past due from the actual loan repayment date and the loan has not been fully repaid.
9.1.4 FACILITATION FEE EARNINGS by the lender are subject to a trade guard fee at a rate of 15%, which is deducted by PesaPata.
9.1.5 WITHDRAWALS of monies from the PesaPata platform attract a charge of 5% on the value withdrawn and a maximum of 1,000.
9.1.6 LOAN TERMS ARE AS BELOW;
9.1.6.1 the maximum loan repayment term is 30 days
9.1.6.2 facilitation fee on loans disbursed on the platform is calculated at 1% per day and applied to the principal loan amount.
9.1.6.3 of the facilitation fee earned on loans issued through the pesapata platform by a lender acting as an independent contractor, a commission of 60% of facilitation fee earned on loans issued to returning clients is payable to the pesapata platform by the lender. For facilitation fee earned on loans issued to a new client through the pesapata platform by the lender acting as an independent contractor, a commission of 40% is payable to the pesapata platform by the lender.
9.1.6.4 any penalties received by the lender through the pesapata platform as an independent contractor within the period before principal loan amount refund, a commission of 60% of penalty earned on loans issued to returning clients is payable to the pesapata platform by the lender. For penalties received on loans issued to a new client through the pesapata platform by the lender acting as an independent contractor, a commission of 40% is payable to the pesapata platform by the lender.
9.2. BORROWER ACCOUNT
AS A HOLDER OF A PESAPATA BORROWER Account, you are, subject to these Terms and Conditions, on applying for a loan from PesaPata using the platform.
9.2.1 WHERE YOU APPLY FOR A LOAN FROM PESAPATA, you acknowledge that you give consent to have your credit score assessed and CRB status verified. Your application shall be appraised according to the applicable loan appraisal processes of PesaPata. PesaPata reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan.
9.2.3. SUBJECT TO APPROVAL OF YOUR APPLICATION FOR A LOAN, PesaPata shall disburse to you a loan of an amount to be based on your initial loan request or such other minimum or maximum amount as PesaPata may from time to time in its sole discretion determine (the “Loan”)
9.2.4 THE PROCEEDS of the Loan shall be credited into your platform approved wallet after a deduction of 3% (three percent) or one hundred Kenya Shillings only (KES.100), whichever is lower, to act as transactional charges for loan processing and disbursal.
9.2.5. YOU SHALL REPAY THE LOAN in full or in part payments within the stipulated repayment term of the loan received. In the event that you default in the repayment of the loan in accordance to the stipulated repayment term, then the whole balance of the said loan amount and penalties undercharged at the date of such default shall immediately become due and payable by you without demand and you shall bear penalties thereon during the period of default at a rate of 2% per day till full payment for loans issued before 14th August 2019 and 5% in full for loans issued on or after 14th August 2019. Penalties cannot be more than the loan disbursed.
9.2.6. YOU SHALL MAKE ALL PAYMENTS due from you to PesaPata in respect of the Loan and Facilitation Fees using the M-PESA Service, Paybill number 315055 and account number being the loan ID number provided by us when the loan was disbursed or your national ID number or your phone number registered on the PesaPata platform.
9.2.7 PESAPATA SHALL BE ENTITLED TO TERMINATE this Agreement and close your PesaPata Borrower Account without prejudice to any of its rights accruing hereunder if you fail to repay the Loan and/or the Facilitation Fees due thereon within thirty (30) calendar days of the disbursement of the Loan.
9.2.8 PESAPATA SHALL HOLD YOUR FUNDS IN YOUR PESAPATA LENDER/BORROWER ACCOUNT as collateral and security for any amounts outstanding and due from you to PesaPata in respect of your PesaPata Loan Account. You hereby agree and confirm that PesaPata is entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in your PesaPata Account for so long as and to the extent of the amount outstanding in respect of your PesaPata Loan Account without PesaPata giving any notice to you and/or without incurring any liability to you whatsoever in that connection.
9.2.9. PESAPATA RESERVES the right to vary the terms of the Loan including the facilitation fee charged thereon from time to time having regard to the prevailing rules and regulations of the policies of PesaPata.
10. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Platform and all charges related thereto. PesaPata shall not be liable for any damages to the End User's equipment resulting from the use of this Platform.
11. END USER CONDUCT
This Platform and any individual Platforms or merchant-specific, city-specific, or state-specific Platforms now or hereinafter contained within or otherwise available through external hyperlinks with our Platform (the "MicroPlatforms") are private property. All interactions on this Platform and/or the MicroPlatforms must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Platform, we do insist and require that all End Users restrict any and all activity in connection with the use of this Platform and the MicroPlatforms to that which involves lawful purposes only. End User shall not post or transmit through this Platform any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PesaPata's express prior, written approval, contains advertising or any solicitation with respect to Products or Services. Any conduct by an End User that in PesaPata's exclusive discretion restricts or inhibits any other End User from using or enjoying this Platform and/or any of the MicroPlatforms is strictly prohibited. End User shall NOT use this Platform or any of the MicroPlatforms to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Platform and/or the MicroPlatforms to become users of other on- or offline services directly or indirectly competitive or potentially competitive with PesaPata.
The foregoing provisions of this Section apply equally to and are for the benefit of PesaPata, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
12. MONITORING
PesaPata shall have the right, but not the obligation, to monitor the content of the Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Platform, to determine compliance with this Agreement and any operating rules established by PesaPata, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, PesaPata shall have the right to remove any material that PesaPata, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. LICENSE GRANT
By posting communications on or through this Platform, User shall be deemed to have granted to PesaPata a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees
14. PERSONAL INFORMATION
In order to avail of the Services from the Platform, you will need to provide your details prior to get enlisted either as a borrower or as a lender. As an account holder you are required to provide PesaPata with accurate personal information. Provision of another person’s details as your own will not be deemed acceptable.
Any personal information collected by PesaPata shall not be disclosed to any third party unrelated to PesaPata business unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. However, by accepting the terms and conditions you grant PesaPata an unconditional right to share your personal information with PesaPata’s partners, affiliates, employees and agents for administrative purpose. Please also see the Privacy Policy in this regard.
15. CANCELLATION BY PESAPATA
Please note that there may be certain instruction to remit payments or seek rendition of services that PesaPata is unable to accept shall be cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We may also require additional verifications or information before accepting any instruction or registering you on the Platform as a lender or a borrower. The borrower(s) and lender(s) are required to note that negative third-party verification report(s) are crucial factors considered during the funding process. The funding may get rejected at any stage due to lack of information or verifiable information.
16. FRAUDULENT /DECLINED TRANSACTIONS
PesaPata reserves the right to recover the cost of Service(s) and Product(s), collection charges and lawyer’s fees from persons using the Platform fraudulently. PesaPata reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions.
17. LIMITATION OF LIABILITY
PesaPata, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or using the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, PesaPata assumes no liability whatsoever for any monetary or other damage suffered by you because of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform. You expressly understand and agree that PesaPata and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PesaPata has been advised of the possibility of such damages), resulting from use of the Platform or any related goods and services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
The User further with immediate effect waive any right which had accrued to him from using the Platform to initiate any legal action against PesaPata. User also acknowledge that the credibility of a lender or a borrower as depicted upon the Platform is based on the information that is provided to PesaPata. In case there is a non-disclosure of information to PesaPata of the information, and the judgment of PesaPata is impaired and the ratings or credibility of a lender or a borrower is not found to be correct, PesaPata shall not be responsible for any claims or liabilities. PesaPata in any event is not responsible for any default in return of money that is borrowed from the lender over the extent as described in clause 9.1.3.
18. INDEMNITY
You agree to indemnify and hold PesaPata (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this T&C or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this T&C.
19. SEVERABILITY
If any of the Terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed several and shall not affect the enforceability of any remaining provision.
20. CUSTOMER COMMUNICATION
PesaPata will communicate with you through any of the mode using email, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and/or contact telephone and/ or mobile number to PesaPata for this purpose.
When you use the Platform or send emails to PesaPata, you are communicating with PesaPata electronically. You consent to receive communications from PesaPata electronically.
From time to time, PesaPata will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by contacting at info@pesapata.com
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21. PLATFORM-PROVIDED EMAIL AND POSTINGS
The Platform may provide End Users with the ability to send email messages to other End Users and non-End Users and to post messages on the Platform. PesaPata is under no obligation to review any messages; information or content ("Postings") posted on the Platform by End Users and assumes no responsibility or liability relating to any such Postings.
You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:
(I) ANY UNLAWFUL, HARMFUL, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
(II) ADVERTISEMENTS or solicitations of any kind.
(III) IMPERSONATE others or provide any kind of false information.
(IV) PERSONAL INFORMATION such as messages which state phone numbers, National Identification Numbers, account numbers, addresses, or employer references.
(V) MESSAGES BY NON-SPOKESPERSON employees of PesaPata purporting to speak on behalf of PesaPata or containing confidential information or expressing opinions concerning PesaPata.
(VI) MESSAGES THAT OFFER UNAUTHORIZED downloads of any copyrighted or private information.
(VIII) CHAIN LETTERS of any kind.
(IX) IDENTICAL (OR SUBSTANTIALLY SIMILAR) MESSAGES to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
This prohibition includes but is not limited to:
A) USING PESAPATA INVITATIONS to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
B) USING PESAPATA TO CONNECT to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and
C) SENDING MESSAGES to distribution lists, newsgroup aliases, or group aliases.
22. LINKS
The Platform or third parties may provide links to other World Wide Web Platforms or resources. Because PesaPata has no control over such Platforms and resources, you acknowledge and agree that PesaPata is not responsible for the availability of such external Platforms or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Platforms or resources. You further acknowledge and agree that PesaPata shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Platform or resource.
23. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution.
24. ACKNOWLEDGEMENTS
I. You acknowledge that PesaPata is not at all responsible for any claim or damage in case either the person who has agreed to grant loan has not granted loan or the person who has agreed to repay the loan do not repay the loan.
II. You acknowledge that PesaPata in no manner warrants or guarantees the performance of a service provider that is providing services through the Platform of PesaPata.
III. You acknowledge that PesaPata in no manner warrants and guarantees that the grantor of loan or the recipient of loan has provided all the information on this platform which is true and correct including his address, phone numbers etc.
IV. You acknowledge that it is your responsibility to verify the information about the person on the Platform and PesaPata is in no manner liable if the information provided on this Platform is untrue or incorrect.
V. You acknowledge that PesaPata is in no manner responsible for any claim of money or damages in the event one person fails to either grant loan or a person fails to repay the loan or misrepresents about his financial status or commits a fraud or a cheating or any other such illegal act.
VI. You acknowledge that you have taken expert advice from a legal consultant or any other expert so required about your status to lend or borrow on the Platform.
VII. You acknowledge that you are aware of all your rights, duties and applicability of various laws including not limited to Movable Property Security Rights Act 2017 or any other statute, or law, which may govern issuance of security, lending and borrowing of monies.
25.DISCLAIMER OF WARRANTIES
ALL DETAILS OF THE MEMBERS OF THIS PESAPATA PLATFORM AND THEIR FINANCIAL STATUS, INCLUDED IN OR AVAILABLE THROUGH THIS PLATFORM ARE PROVIDED FOR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PESAPATA, ITS SHAREHOLDERS, ITS HOLDING COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION OR OTHER MATERIAL WHICH IS PLACED ON THE PLATFORM BY ANY PERSON IS CORRECT INCLUDING HIS FINANCIAL STATUS OR CAPABILITY OR HAS NOT APPROACHED THE OTHER USER OF THIS PLATFORM WITH A CRIMINAL INTENT TO EITHER CHEAT OR MISAPPROPRIATE OR DENY ANY OTHER USER OF ITS LEGITIMATE CLAIMS. BY UPLOADING ANY CONTENT, REPRESENTATION OR STATEMENT OF YOUR FINANCIAL STATUS OR YOUR PROOF OF RESIDENCE YOU REPRESENT AND WARRANT THAT YOU HAVE THE LAWFUL RIGHT TO REPRODUCE AND DISTRIBUTE SUCH CONTENT AND THAT THE CONTENT COMPLIES WITH ALL LAWS AND IS TRUE AND AUTHENTIC AND IS NOT IN ANY EVENT PLACED ON THE PLATFORM TO DEFRAUD OTHER USERS OR CREATE A FALSE IMPRESSION IN THEIR MINDS THAT YOU HAVE A SOUND FINANCIAL STATUS OR ARE REASONABLY COMMITTED TO DELIVER THE REPAYMENTS ON TIME. YOU ALSO REPRESENT THAT YOU HAVE NOT EVER BEEN ACCUSED TO ANY FRAUD, MISREPRESENTATION OR DEFAULT IN REPAYMENT OF ANY CLAIMS OR MONIES TO ANY THIRD PARTY WHETHER A PESAPATA OR NOT. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH YOUR MORAL TURPITUDE OR FINANCIAL STATUS. YOU HEREBY REPRESENT AND WARRANT TO PESAPATA THAT YOU ARE LEGALLY COMPETENT TO EXECUTE, BE BOUND BY AND ADHERE TO TERMS AND CONDITIONS OF TERMS AND CONDITIONS OF PESAPATA. YOUR USE OF THIS PLATFORM IS SOLELY AT YOUR RISK. YOU AGREE THAT PESAPATA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THIS PLATFORM OR ANY CONTENT CONTAINED THEREIN OR ANY DAMAGE SUFFERED IN THE EVENT OF DEFAULT OR MISREPRESENTATION BY ANY OTHER USER OF THS PLATFORM.
26. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PESAPATA, ITS SUBSIDIARIES, EMPLOYEES, OFFICERS, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, SHAREHOLDERS, NON EXECUTIVE DIRECTORS OR ITS LICENSORS INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING PRODUCTS OR SERVICES ON THIS PLATFORM, GRANTING OR RECEIVING LOAN FROM A MEMBER ASSOCIATED WITH PESAPATA PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM EITHER MISREPRESENTATION, FRAUD, COERCION, BREACH OF TRUST, MISAPPROPRIATION, CHEATING OR FOR ANY OTHER SUCH REASON OF ITS END USERS OR OF THIRD PARTIES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND LOSS OF GOODWILL OR LOSS OF FACILITATION FEE.
27. MONITORING:
In case it comes to your knowledge that any member of this Platform has committed default or fraud or misrepresents his financial status than you may inform PesaPata in writing and upon receipt of such information PesaPata shall call upon such third party to explain the allegations made in your Notice and upon receipt of an explanation from such third party PesaPata shall in its own discretion decide as to whether such a person should be prohibited from using the Platform.
28. APPLICABLE LAWS:
Your use of this Platform and any Term and Conditions stated in this policy is subject to laws of Kenya.
29. JURISDICTION
Courts of Nairobi will have exclusive jurisdiction of dealing with all disputes arising from use of this Platform.
30. TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the Platform are the property of PesaPata and other respective persons. End Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or Platforms on the World Wide Web without the written permission of PesaPata or such third party which may own the Marks. All information and content including any software programs available on or through the Platform ("Content") is protected by copyright. End Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Platform for commercial or public purposes.
31. CHANGES TO TERMS AND CONDITIONS
PesaPata reserves the right to change these Terms and Conditions of its Service without informing you. You should check our Platform for any updated Terms and Conditions.
32. MISCELLANEOUS
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time PesaPata may offer special promotional offers which may or may not apply to your PesaPata account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by PesaPata. This T&C and the relationship between you and PesaPata will be governed by the laws as applicable in Kenya. Any dispute(s) arising out of this T&C will be handled in the competent courts of Nairobi, Kenya. The failure of PesaPata to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. PesaPata does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and PesaPata and governs your use of the Platform, superseding any prior agreements between you and PesaPata with respect to the Platform.
33. PAYMENT METHODS
You can pay PesaPata using –payments services deployed by PesaPata from time to time. PesaPata has also deployed a system of electronic payment of fees, the details of which are available at www.pesapata.com
All transactions are processed in KES.
34 PESAPATA HOLDS THE COMPLETE RIGHT TO DE-ACTIVATE
Any lender/borrower on its own accord if the lender/borrower is suspected or found to be from competition engaging or trying to engage in any malicious activity