These terms and conditions ("Terms", "Agreement") are an agreement between www.onlinepesakenya.com ("Online Pesa Kenya", "the website", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the onlinepesakenya.com website and any of its products or services (collectively, "Website" or "Services").
By accepting to sign up for and use Online Pesa Kenya's services, you agree to bound by these terms and other generally acceptable usage policies. Your continued use of the service implies that you accept to continuously be bound by these terms. Please read through each item carefully from time to time to ensure that you are in agreement.You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Online Pesa Kenya will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
You agree to comply with our requests for certain documents and additional information that will help us, among other uses, confirm your identity, identify you when you contact us, identify third parties that may be involved in your transaction with us, verify the source of your payments and review your limits while accessing our services.
You authorize us to identify, obtain, store and use the documents and information you provide, including but not limited to a copy of your government-issued ID/passport, screenshots of certain parts of your PayPal account, your phone number(s), your email address(es), your address and your relationship with other users of our services in line with our privacy policy.
You agree to use one and only one PayPal account to access our services and to place a request to be allowed to use a different account if and when you are unable to continue using that account. You understand that we reserve the right to make exceptions on this condition and there is no guarantee that we will make the exception.
You understand that we may impose limits on the size and/or frequency of your transactions with us at any time. You acknowledge that we may ask you to provide any information necessary to conduct a review of your limits at any time we deem necessary. You understand that we may stop services until such requests for additional information are fulfilled by you and accepted by us.
You agree that you will not use the service to process payments received fraudulently or associated with suspicious activities including but not limited to credit card fraud, money laundering, terrorism funding, hacking, pornography, betting and gambling. You agree that you will not use or provide false information in order to qualify for or access our services including but not limited to identity theft, false pretenses and provision of fake documents. You agree to use the service only for the benefit of yourself and acknowledge that all funds associated with your transactions are for the direct benefit of you only. You understand that processing payments on behalf of third parties is a serious violation of our acceptable use policy.
You understand that we reserve the right to evaluate and determine which activity types comprise suspicious activity. You understand that we reserve the right to provide, interrupt, suspend or terminate services at any time because of violation of any of the stipulated terms of service or any other generally acceptable usage policy or for any other significant reason.
We process PayPal to Mpesa transfers only. You acknowledge that the use of our service is meant for your personal benefit and you will not move funds through this service on behalf of third parties. Furthermore, you acknowledge that:
Online Pesa Kenya is not a bank or a deposit-taking institution.;
Online Pesa Kenya does not partake in money-lending.;
Online Pesa Kenya is not subject to banking regulation.;
Online Pesa Kenya is not insured by a government agency.; and
Online Pesa Kenya is not a remittance service and the use of our service as such is a violation of our policies.
Unless otherwise communicated at a later date, your use of Online Pesa Kenya does not earn you interest, profits or loyalty points
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
This Agreement does not transfer to you any intellectual property owned by Online Pesa Kenya or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Online Pesa Kenya. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Online Pesa Kenya or Online Pesa Kenya licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Online Pesa Kenya or third-party trademarks.
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will Online Pesa Kenya, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Online Pesa Kenya has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Online Pesa Kenya and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Online Pesa Kenya for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Online Pesa Kenya and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Nairobi, Kenya without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Kenya. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Nairobi, Kenya, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to support@onlinepesakenya.com
This document was last updated on August 27, 2019