© 2021 JointPesa. All Rights Reserved.
1 Ver. 4th October 2019
JOINTPESA General Terms of Service JOINTPESA Limited (“ JOINTPESA ”, “JointPesa” “our,” “we,” or “us”) using the trademark name “ JOINTPESA ”. Please read our Terms of Service so you understand your use of JOINTPESA . You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).
Agreement to Terms By using our Escrow Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
Please note that while the App and the Services may bear the branding of JOINTPESA, you are receiving the Services from JOINTPESA , and you are entering into these Terms as an agreement with JOINTPESA .
REGISTRATION & INFORMATION If you want to use certain elements of the Services, you’ll have to create an account (“Account”). You can do this via the App using your valid mobile number and by linking your valid account on a social networking service (“SNS”) through which you have connected to the Services (each such account, a “Third-Party Account”), by allowing JOINTPESA to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to and/or grant JOINTPESA access to your Third-Party Account (including, but not limited to, for use for the purposes described herein). It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. If you choose to link your SNS Account to your JOINTPESA Account, you understand that JOINTPESA may access, make available and store (if applicable) some of the content that you have provided to 2 Ver. 4 OCT 2019 and stored in your SNS Account so that it is available on and through the Services via your JOINTPESA Account.
For example, JOINTPESA may enable you find and invite friends on the SNS or to post or share your JOINTPESA Account profile on the SNS. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personally identifiable information that you post to your SNS Accounts and information about your SNS friends may be available on and through your JOINTPESA Account. Please note that if an SNS Account or associated service becomes unavailable or JOINTPESA 's access to such SNS Account is terminated by the third-party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your JOINTPESA Account and your SNS Accounts by adjusting the settings on your profile page in your JOINTPESA Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND JOINTPESA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD- PARTY ACCOUNT.
Devices and Software You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically. Fees and Taxes You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law. Loyalty & Rewards By registering on JOINTPESA App you may be eligible to earn points or rewards at the sole and absolute discretion of JOINTPESA subject to the JOINTPESA product or service used and its terms which would be based on your consistent use of the app or services, such rewards and points shall not have monetary value or otherwise. The earned points or rewards shall only be an expression of usage of the JOINTPESA application.
Content & Content Rights For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including without limitation the images, GIFs and videos that are the primary elements of content available through the Services and any metadata, tags or labels associated with such images, GIFs and videos; and (ii) “User Content” means any Content that Account holders (including you) provide to us, whether in your Account profile or to be made available through the Services. Content includes without limitation User Content provided by other Account holders.
Ownership, Responsibility & Removal JOINTPESA does not claim any ownership rights in any User Content that you make available through the Services, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, JOINTPESA and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights, and reserves all rights not expressly granted herein. You acknowledge that the Services are, and Content may be, protected by copyright, trademark, and other laws of the Kenya and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. RIGHTS IN USER CONTENT GRANTED BY YOU Personal License Grant 3 Ver. 4 OCT 2019.
By uploading User Content to or storing User Content within an App on your computing device or on the Services as hosted by JOINTPESA for your personal use (including accessing such User Content on multiple Devices through your Account), you automatically hereby grant to JOINTPESA a worldwide, irrevocable, non- exclusive, transferable, royalty-free, fully paid right and license (with the right to sublicense) to use, copy, modify, adapt, create derivative works of, publicly perform, display, reformat, translate, excerpt (in whole or in part), publish, transmit and distribute such User Content on your behalf in any form, medium or technology now known or later developed, and to transmit such content on your behalf to recipients of your messages (the “Personal License”). You may remove your User Content from your App at any time. If you choose to remove your User Content from your App, the Private License granted above pertaining to such removed User Content will automatically expire; however, you acknowledge that JOINTPESA and recipients of your messages may retain archived copies of your User Content, and that neither you nor JOINTPESA can control the use of your User Content by recipients of your messages.
Published License Grant By uploading any User Content to, or storing any User Content in, the published Content library provided as part of the Services as hosted by JOINTPESA (i.e., not within your copy of the App on your computing device or within your Account for your personal use), including by associating a hashtag with such User Content or creating a published collection of User Content stored on the Services, you automatically hereby grant JOINTPESA a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty- free, fully paid right and license (with the right to sublicense to any number of tiers) to use, copy, modify, adapt, create derivative works of, publicly perform, display, reformat, translate, excerpt (in whole or in part), publish, transmit and distribute such User Content for any purpose in connection with JOINTPESA ’s business, including without limitation in connection with the distribution, performance and display of such User Content by third parties within their own websites or services. Once you have uploaded User Content to, or stored User Content in, the published Content library provided as part of the Services as hosted by JOINTPESA , you will not be able to delete that User Content from the Services. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by JOINTPESA on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
RIGHTS IN CONTENT GRANTED BY JOINTPESA Subject to your compliance with these Terms, JOINTPESA grants you a personal, limited, non-exclusive, non-transferable and revocable license to view Content through the Apps and the Site, and to use the Services to transmit a copy of the Content to recipients of your messages through email or other messaging applications interfacing with the Services, solely in connection with your permitted use of the Services and solely for your personal and non- commercial purposes. RESPONSIBILITY Your access to and use of the Content and/or Services is at your own risk. Although the Content and Services enable users to connect, interact and share information and content with one another, JOINTPESA is not responsible for controlling or monitoring any User Content. JOINTPESA does not control user interactions, communications, exchanges, meetings or other user conduct ("User Conduct"). Some people may find some Content or User Conduct objectionable, inappropriate or offensive.
If JOINTPESA chooses, at any time in its sole discretion, to monitor (in whole or in part) User Content or User Conduct, JOINTPESA nonetheless assumes no responsibility for User Content or User Conduct, no obligation to modify or remove any Content and no responsibility for User Conduct during use of, or as a result of access to or use of, the Site, Content or Services and on any issues relate to keyboard on user devices or apps. Alerts and Notifications 4 Ver. 4 OCT 2019 As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the exception of infrequent, important service announcements and administrative messages). Rights and Terms for Apps RIGHTS IN APP GRANTED BY JOINTPESA Subject to your compliance with these Terms, JOINTPESA grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. JOINTPESA reserves all rights in and to the App not expressly granted to you under these Terms. ADDITIONAL TERMS FOR APP STORE APPS If you download the App through or from any app store or distribution platform (like the Apple App Store or Google Play Store) where the App is made available (each, an “App Provider”), then you acknowledge and agree that:a. These Terms are concluded between you and JOINTPESA , and not with the App Provider, and that JOINTPESA (not the App Provider), is solely responsible for the App. b. The App Provider has no obligation to furnish any maintenance and support services with respect to the App. c. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of JOINTPESA . d. The App Provider is not responsible for addressing any claims that you or any third party may have relating to the App or your possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. e. In the event of any third-party claim that the App or your possession or use of that App infringes that third party’s intellectual property rights, JOINTPESA will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms. f. The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof. g. You must also comply with all applicable third- party terms of service when using the App. h. You agree to comply with all Kenya and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations.
By using the App you represent and warrant that: (i) you are not located in a country that is subject to a Kenya Government embargo, or that has been designated by the Kenya Government as a “terrorist supporting” country; and (ii) you are not listed on any Kenya Government list of prohibited or restricted parties. i. You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) unless otherwise expressly agreed by 5 Ver. 4 OCT 2019JOINTPESA in writing, make the functionality of the App available to multiple use General Prohibitions You agree not to do any of the following: a. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene or pornographic; (v) promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; (viii) contains personal or contact information about any other person without their prior authorization; or (ix) violates any content policies JOINTPESA has posted for the Services. b. Use, display, mirror or frame the Services, or any individual element within the Services, JOINTPESA ’s name, any JOINTPESA trademark, logo or other proprietary information or the trademark, logo or other proprietary information of any other party displayed within the Service, or the layout and design of any page or form contained on a page, without JOINTPESA ’s express written consent; c. Access, tamper with, or use non-public areas of the Services, JOINTPESA ’s computer systems, or the technical delivery systems of JOINTPESA ’s providers; d. Attempt to probe, scan, or test the vulnerability of any JOINTPESA system or network or breach any security or authentication measures; e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by JOINTPESA or any of JOINTPESA ’s providers or any other third party (including another user) to protect the Services or Content; f. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by JOINTPESA or other generally available third-party web browsers; g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; h. Use any meta tags or other hidden text or metadata utilizing a JOINTPESA trademark, logo, URL or product name without JOINTPESA ’s express written consent; i. Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; l. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; m. Collect or store any personally identifiable information from the Services or App from other users of the Services without their express permission; n. Impersonate or misrepresent your affiliation with any person or entity, or utilize the Services on behalf of any other person or entity without prior authorization from both that person or entity and JOINTPESA ; o. Violate any applicable law or regulation; or p. Encourage or enable any other individual to do any of the foregoing. 6 Ver. 4 OCT 2019
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. You agree to cooperate fully with JOINTPESA in any such investigation. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Links to Third Party Websites or Resources The Services and App may contain links to third- party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
Warranty Disclaimers THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Disclaimers Indemnity You will indemnify and hold harmless JOINTPESA and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content in violation of any applicable law, regulation or any third party agreement or policies; (ii) your User Content; or (iii) your violation of these Terms.
Limitation of Liability NEITHER JOINTPESA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOINTPESA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL JOINTPESA ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO JOINTPESA FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED KENYA SHILLINGS (KES. 100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JOINTPESA , AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOINTPESA AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE JOINTPESA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Dispute Resolution 7 Ver. 4 October 2019.
GOVERNING LAW These Terms and any action related thereto will be governed by the laws of Kenya without regard to its conflict of laws provisions. Any action or proceeding arising from or relating to this Agreement must be brought through arbitral proceedings in Kenya or Injunctive orders obtained through exclusive jurisdiction of Kenyan Courts and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. Term and Termination
a. These Terms will remain in effect until terminated.
b. You may terminate your Account either through functionality we may provide in an Account management interface in the Services, or through the Site by going to https://support. JOINTPESA .app and submitting a request with the subject “Account Termination” and including the following information: your name, email address, username (if different from your email address), and a statement that informs us of your desire to have your Account removed from the Services, along with a statement that certifies that you are the owner of the Account which you wish to have removed from our database.
c. JOINTPESA may immediately terminate these Terms, or cancel in whole or in part, Content or Services, for any reason at any time. JOINTPESA is not required to provide you notice prior to terminating your access to or use of the Content or Services.
d. Upon termination of these Terms, your right to access or use the Content or Services will automatically terminate, and you will promptly destroy all copies of the App and JOINTPESA Content in your possession or control. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your Account. All provisions of these Terms which by their nature should reasonably survive termination hereof shall survive.
Buyer or seller can raise dispute on a transaction The person who raised the despite resolves the dispute, or a third party (JointPesa comes in to help solve)
Dispute Settlement procedure Buyer not available to collect goods at the collection point and not picking calls resulting to return of stock by the seller = Refund of shipment cost to the seller and item amount to buyer Less Service Fee Product not meeting buyer’s expectation= Seller and buyer can settle the dispute by agreeing on product replacement failure to which Reversal of funds to buyers account is done Less Service Fee. Prolonged delay of shipment against the agreed delivery period without seller’s communication = Reversal of funds to buyers account Less Service Fee. Buyer fails to release funds to the seller = Seller should provide proof of shipment delivery Funds are released to the seller Less Service Fee.