PeerPesa

Terms of Service

Introduction

This Terms of Use (this “Agreement”) is an agreement between you and PeerPesa Technologies Ltd (“PeerPesa” or “We”) and governs your use of all PeerPesa Services. You unconditionally accept and agree to be bound by the terms and conditions in this Terms of Use including the Privacy Policy as well any applicable laws and guidelines when you access the PeerPesa Platform or use any of the PeerPesa Services. If you disagree with any part hereof, please do not use the PeerPesa Platform or any of the PeerPesa Services. You should read this Agreement carefully.

Governing Law

Through your use of PeerPesa or the Services, you agree that the laws of the State in which PeerPesa is operating shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of that State. Any claim or lawsuit arising out of or in connection with this Agreement shall be interpreted and enforced by the laws of State in which PeerPesa is operating. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. Any claims or disputes will be settled before a competent court in the State in which PeerPesa is operating unless legislation or international conventions mandatorily prescribe otherwise

Our Services

PeerPesa is a financial technologies services provider and acts as such by creating, hosting, maintaining and providing PeerPesa Services on our website, mobile application or API (altogether referred to as “PeerPesa Platform”).
PeerPesa Services refers to the services which enable you and other users congregated on the PeerPesa Platform to –
(a) Send, receive, buy and sell cryptocurrency such as bitcoin and Ethereum (“cryptocurrency transactions”) via a cryptocurrency trading platform hosted by PeerPesa;
(b) pay for bills and services such as airtime, data, electricity, cable TV (“refill transactions) via a fiat wallet hosted by PeerPesa (altogether referred to as the “PeerPesa Services”)

Eligibility

To be eligible to use or access the PeerPesa Platform and the PeerPesa Services, the following conditions must be met by you –
(a) must create a PeerPesa user account on the PeerPesa Platform;
(b) as an individual, be at least 18 or be of legal age to form a binding contract under applicable laws;
(c) as an individual, legal person, or other organization, you have full power, authority and capacity to accept these Terms of Use;
(d) as an employee or agent of a legal entity, you must have the full power, authority and capacity to accept these Terms of Use on their behalf and bind such legal entity to these Terms of Use;
(e) you have not been previously restricted from using or accessing the PeerPesa Platform and PeerPesa Services
(f) your use of PeerPesa Services will not violate any applicable laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

KYC Information

You hereby acknowledge that in order to use or access the PeerPesa Platform or PeerPesa Services, you must provide us with correct and updated Personal Information.
Personal Information may include –identity data, identity documents, transaction data, and technical data. Your Personal Information shall be properly protected and kept confidential at all times.
We may use, process, store and transfer your Personal Information in order to –
(a) provide PeerPesa Services to you;
(b) comply with applicable laws and regulatory requirements;
(c) secure your PeerPesa user account and maintain data and information security;
(d) verify the identity details and bank account details which you provide to us;
(e) protect our vital interests and that of others;
(f) provide service communications;
(g) provide customer service;
(h) facilitate corporate reorganizations; and
(i) implement direct marketing campaigns.

Security and Unauthorized Use

PeerPesa remains committed to providing adequate data and information security to ensure that the detection and prevention of fraudulent and unauthorized access to PeerPesa user accounts, however, it is of utmost importance that PeerPesa Users treat the credentials used to access PeerPesa Platform as confidential information and avoid the disclosure of same to anybody.
You hereby agree that you are responsible for maintaining adequate confidentiality and control of any and all credentials that you use to access the PeerPesa Services or PeerPesa Platform. You acknowledge that PeerPesa shall not in any way be liable for any loss, damage or costs caused by authorized or unauthorized use of your PeerPesa user account credentials.
PeerPesa will never request for your credentials via email, SMS, phone call or any other means of communications other than the PeerPesa Platform. If you receive such communication, please
disregard and contact us below –
Customer Service Desk Email address: support@peerpesa.co
You should immediately notify PeerPesa if you believe there has been an unauthorized transaction or unauthorized access to your PeerPesa user account or your password or PIN has been compromised.

Transaction cancellation, Modification or Refund

Users must verify transaction amount or reference numbers where applicable before confirming payments for cryptocurrency transactions or refill transactions made on the PeerPesa Platform.
Payments for cryptocurrency transactions or refill transactions made on the PeerPesa Platform are non-refundable, irrevocable and cannot be changed after the transaction is confirmed by the user.
In the case of a refill transaction, you must directly contact the service provider to amend, adjust or refund payments for erroneous transactions.
In the case of cryptocurrency transactions, there shall be no cancellation, reversal or amendment after the transaction has been completed.

Payment Methods

Fiat wallets on the PeerPesa Platform may be funded via Electronic Funds Transfer, Mobile Money or Card Payments as applicable for the user’s region.
Users in South Africa and Nigeria may fund their fiat wallets via Visa and MasterCard. If you choose to fund your fiat wallet using this payment option, you agree that PeerPesa’s outlet country at the time of presenting payment options to you is Kenya or Uganda and that the transaction currency is either the Kenya Shilling (KES) or the Uganda Shilling (UGX).

Responsibility

PeerPesa takes responsibility for all aspects relating to the PeerPesa Services, customer service and support, and dispute resolution.

Customer Privacy Policy

PeerPesa shall take all reasonable steps to protect the personal information of users in accordance with applicable data protection laws and our privacy policy which is available and can be downloaded at https://peerpesa.co/policy/privacy-policy

For the purpose of this clause, "personal information" shall be defined as detailed in The General Data Protection Regulation 2016/679 (“GDPR”).

The GDPR can be accessed and downloaded at https://gdpr.eu/tag/gdpr/

No Financial Advice

All contents published on the PeerPesa Platform or communicated through PeerPesa’s social media pages and blogs or by any employee, agent or affiliate of PeerPesa are for informational or marketing purposes only. No content or communication may be deemed to constitute professional and/or financial advice.
Our Website is for informational purposes only and no information contained therein may be deemed to constitute legal advice or an exhaustive statement of the law.
You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decisions should take into account your risk tolerance and financial circumstances. For more information on the risks involved, see Risks and the Risk Warning on the PeerPesa website. You should consult your legal or tax professional in relation to your specific situation

Prohibited Activities

During the use of the PeerPesa Platform or PeerPesa Services and in the course of your interactions with PeerPesa, affiliated third parties or other PeerPesa users, you will not –
(a) Breach this Terms of Use, any policy and/or any agreement that you have agreed to with PeerPesa;
(b) Breach any applicable laws and regulations;
(c) Engage in or facilitate fraudulent activities;
(d) Infringe on PeerPesa or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(e) Sell counterfeit goods and/or product or service that is prohibited by law or is contrary to public order or good moral;
(f) Act in a manner that is defamatory, trade libelous, threatening or harassing to PeerPesa, our employees, agents or other PeerPesa users;
(g) Provide false, inaccurate or misleading Personal Information;
(h) Engage in potentially fraudulent or suspicious activity and/or transactions;
(i) Receive or attempt to receive chargeback from both PeerPesa and a Merchant, bank or card issuer for the same transaction during the course of a dispute;
(j) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and
(k) Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information;

Termination and Restriction of Access

You hereby acknowledge that PeerPesa reserves the right to restrict access to your PeerPesa account and/or the termination of this Agreement upon the reasonable suspicion that you have contravened any of the terms and conditions contained in this Terms of Use.
PeerPesa, in its sole discretion, reserves the right to terminate this Agreement and/or access to the PeerPesa Services and PeerPesa Platform for any reason and at any time upon notice and payment to you of any unrestricted funds held in your wallet.
If we limit access to your PeerPesa user account, including through the placement of a lien, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that PeerPesa’s decision to take certain actions, including limiting access to your PeerPesa user account, may be based on confidential criteria that is essential to our management of risk, the security of other PeerPesa users’ accounts and the PeerPesa system. You agree that PeerPesa is under no obligation to disclose the details of its risk management or its security procedures to you.

Disclaimers and Limitations of Liability

THE PEERPESA SERVICES AND PLATFORM ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. PEERPESA, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PeerPesa does not have any control over the products or services that are paid for with PeerPesa Services and PeerPesa cannot ensure that a Merchant you are dealing with will actually complete the transaction or is authorized to do so. PeerPesa does not guarantee continuous, uninterrupted or secure access to any part of the PeerPesa Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. PeerPesa will make reasonable efforts to ensure that service requests are processed in a timely manner, but PeerPesa makes no representations or warranties regarding the amount of time needed to complete processing because the PeerPesa Services are dependent upon many factors outside of our control, such as delays in the banking system, blockchain network or delays by partners and vendors.
To the maximum extent permitted by law, PeerPesa and its subsidiaries and affiliates, officers, directors, agents, employees or suppliers shall not be liable to any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with any use of, or inability to use of the PeerPesa Platform, any content displayed on PeerPesa Platform and any linked third-party websites.

Furthermore, By using our crypto exchange platform, you acknowledge and agree that we are not liable for any loss of funds or assets due to hacking, cyber attacks, Bugs in the system or any other security breaches. We take reasonable measures to secure our platform, but we cannot guarantee absolute security against all possible threats.

You also agree that any funds or assets deposited on our platform are at your own risk. We recommend that you take necessary precautions to safeguard your funds and assets, including but not limited to using strong passwords, enabling two-factor authentication, and keeping your login credentials confidential.

In the event of a security breach, we will make every effort to mitigate the impact and recover any lost funds or assets. However, we cannot guarantee a full recovery, and we will not be held liable for any losses incurred as a result of the breach.
By using our platform, you also agree to comply with all applicable laws and regulations, including but not limited to anti-money laundering and know-your-customer requirements. We reserve the right to terminate your account or restrict your access to our platform if we suspect any illegal or fraudulent activity.
These terms and conditions are subject to change at any time without prior notice. Your continued use of our platform constitutes your acceptance of the updated terms and conditions.

Rate and Fees

Before selling or buying any cryptocurrency on the PeerPesa platform you must confirm the rates.

Changes

PeerPesa reserves the rights to make changes to the Terms of Use without notice. You are required to visit this page regularly as your continued use of the PeerPesa Platform or PeerPesa Services will be deemed as an unconditional acceptance and agreement to be bound by the revised Terms of Use.
Notwithstanding the foregoing, will do our best to notify you of any changes to the Terms of Use and any such notice will be published on the PeerPesa Platform by posting same on our website, sending push notifications through on the mobile app or sending an email to the email address associated with your PeerPesa user account.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Repayments of funds owed to PeerPesa

By utilizing PeerPesa's services, you hereby grant us the authority to deduct all applicable fees, commissions, interests, charges, and any other owed sums to PeerPesa from your PeerPesa wallet as stipulated in these Terms or any of our other Product Terms. This deduction shall be carried out following the calculation methodology established by us.
In circumstances where you possess an outstanding balance in a specific Digital Asset but lack adequate funds in said Digital Asset, we reserve the right to deduct the owed sums from an alternate Digital Asset to facilitate payment. In such cases, we will perform a conversion of the Digital Asset you currently hold into the Digital Asset denominated for the owed sums (or its equivalent in Fiat Currency) based on the prevailing exchange rate available on the Platform, or an alternate commercially reasonable rate determined by us.
Should an insufficient amount of Digital Assets be present within your PeerPesa Wallet, you acknowledge that any owed and payable sum under this provision transforms into a debt immediately owed by you to us. This debt shall be in the determined amount and form, whether in the form of a Digital Asset or otherwise, as determined by us in a commercially reasonable manner.

Conversion

PeerPesa reserves the right to convert Digital assets in your PeerPesa Wallet to another type of Digital asset or token in the event of one or all of the following circumstances:
(a) As may be required based on current market exigencies or business exigencies of PeerPesa.
(b) To ensure the availability of value and funds to you
(c) To mitigate the risk of total or partial loss of your digital asset in your PeerPesa wallet.

Acknowledgment

By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

Contact Us

Please send your feedback, comments, and requests for technical support: By email:support@peerpesa.co