Effective date: Jan 10, 2018
L-PESA Group International
Updated January 2018
Regarding Translations: This Terms and Conditions are currently in English, but it may have been translated into various languages is done as a courtesy only. To the best of our knowledge the translation is accurate, but we shall not be liable in the event of any inaccuracy. In the event of a conflict between the English version of this Terms and Conditions against any other version that has been translated into another language, the English version shall prevail.
Neither this document, nor any other document produced or signed by L-PESA Group International is an offer or solicitation to buy coins or tokens.
Please note that the Terms may be changed at any time according to Company’s sole discretion, with or without notice to you. You agree to review these Terms periodically to be aware and updated of such modifications and your continued access and/or use of the site constitute your express acceptance of the modified agreement. Any changes made to the Terms, or any part thereof, will become effective when posted on the site. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Terms and Conditions’ page.
IMPORTANT: BEFORE ACCESSING OR USING THE SITE OR PURCHASING THE L-PESA TOKEN, PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. THE TERMS GOVERN YOUR ACCESS TO THE SITE, AND ANY CORRESPONDENCE (INCLUDING BY WAY OF EMAIL) WITH THE COMPANY.
IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THE SITE.
BY CLICKING ‘ACCEPT’, REGISTERING TO THE SITE, PURCHASING L-PESA TOKENS OR YOUR CONTINUED USE OF THE SITE, YOU CONFIRM AND WARRANT TO THE COMPANY THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM AND IRREVOCABLY AGREE TO BE BOUND BY AND COMPLY WITH THEM, AND THAT THE TERMS AND CONDITIONS, TOGETHER WITH ALL POLICIES ARE AN INSEPARABLE PART OF A BINDING AGREEMENT BETWEEN YOU AND US, REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER TO THE SITE AND/OR ANY OF THE SERVICES PROVIDED.
IN CONSIDERATION OF YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS, WE HEREBY GRANT YOU A LIMITED, REVOCABLE AND NON-EXCLUSIVE LICENSE TO ACCESS AND USE THE SITE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
YOU FURTHER REPRESENT THAT YOU ARE ABOVE 18, THAT YOU HAVE FULL LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING AGREEMENTS.
THESE T&C APPLY TO YOU, WHETHER OR NOT YOU ARE A REGISTERED USER.
WHEN PROHIBITED BY LAW - ALL OFFERS AND LICENCES TO USE THIS SITE ARE VOID
This site has international access, but not all the site’s services are allowed in all territories. Any offer or service made on our site that is prohibited by the law in your country is VOID, and it is at your own responsibility to find out about your local laws and comply with them.
Due to the high traffic of our users we cannot check or supervise that users adhere to their applicable laws, and therefore by using this site and any service you register to, you represent and warrant to us that you comply with all local applicable laws.
The license to use the Site is valid only where the site is permitted to operate. Access to and use of the Site and/or any of the Services in contradiction to any laws or regulations, or where prohibited by law, is unauthorized and not permitted.
Territories in which our services are regulatory constraints are: Russia, South Korea, New Zealand, Republic of China, any country or territory that is the target of United States economic or trade sanctions (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), or any geographic area that is subject to UN-, US-, EU-, CH- or any other sovereign country sanctions or embargoes.
In addition, you represent to us that you are not enlisted on any “blacklists” such as the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department’s Denied Person List, the EU Consolidated List of Persons, etc., and that you are not acting on behalf of a person enlisted as such.
Limited License Grant
The site is provided by the Company, and conditional with the acceptance of these Terms and Conditions, provides you with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the site and download any information made available through or from the site.
Subject to complying with these Terms and Conditions, you are granted with a permit to download information from the site into your laptop, workstation or computer’s temporary memory (RAM) and print materials and information from the site solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.
Intellectual Property Right
The site and any and all Intellectual Property right pertaining thereto (other than Third-Party Content), including, but not limited to, software, code, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI, processes, know-how, whether or not registered (collectively, “Intellectual Property“), are fully owned or licensed to Company and subject to copyright and other applicable intellectual property rights under local laws, foreign laws and international conventions. Except as provided explicitly in the Terms, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property pertaining to the site and/or any part thereof.
YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, DISTRIBUTE, REPRODUCE, TRANSLATE, DECOMPILE, DISASSEMBLE, CREATE ANY DERIVATIVE WORK OF, PUBLISH, PUBLICLY DISPLAY, PERFORM, OR OTHERWISE USE, ANY INFORMATION, DATA, INTELLECTUAL PROPERTY OR MATERIALS PROVIDED BY THE COMPANY THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS. ANY UNAUTHORIZED USE OF ANY SUCH INFORMATION OR MATERIALS MAY VIOLATE THIS TERMS AND CONDITIONS AND COPYRIGHT LAWS, TRADEMARK LAWS, LAWS OF PRIVACY AND PUBLICITY, AND OTHER LAWS AND REGULATIONS. NOTHING CONTAINED ON THIS SITE GRANTS OR SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY OF THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS, WITHOUT OUR PRIOR WRITTEN PERMISSION, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
The site’s domain, the Company’s logo, and all other names, logos and icons identifying the site, publications, products or services referenced herein or presented on the site are the exclusive trademarks or service-marks of the Company and are protected by law. Certain trademarks, trade names, service marks and logos used or displayed on this site are registered and unregistered trademarks, trade names and service marks of the Company and/or it’s Third-Party Providers. ANY USE OF SUCH TRADEMARKS, TRADE NAMES, SERVICE MARKS OR LOGOS, WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION FROM THE RELEVANT RIGHTS HOLDER, IS STRICTLY PROHIBITED.
Information contained at the site, including but not limited to text and images herein (other than certain images licensed from third-parties) and their arrangement, are copyright ©2018 by us. All rights reserved. Accordingly, the information and materials contained in the Site may not be copied, displayed, distributed, licensed, modified, published, sold, used to create derivative work or otherwise used for public or commercial purposes without our express written permission.
Restrictions on Use
The foregoing license is limited. You may not:
If you or any other person violate any term of these Terms and Conditions, the Company may, at its sole discretion, without notice and without any liability to the Company, its clients, the site’s users or any other party:
The exercise of the above-mentioned rights will not require us to compensate you or any other third party for any losses, and we shall hold no liability for these actions.
The Company is operating a blog. Registered users may create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information in the blog. Such user-generated content belongs to the user who created it. If you are not that person, you are not permitted to use such user-generated content in anyway which violates such user’s copyrights. If you think somebody is violating your copyrights and want to notify us, you can always contact us through the means of communication detailed at the bottom of these Terms. By generating user content, you permit us to process and display such information on the site, and to modify if needed.
If you upload any content to the site, please upload only your content and do not use others’ photos or videos without their permission. By uploading content to the site you agree not to upload content that belongs to someone else.
The blog was created for registered users to upload content. Although we take measures to enforce certain rules to make the blog a place where all users could share, we are not reading or reviewing the blog content.
Please do not upload content which may be false or misleading. Also we do not tolerate offensive, pornographic, racist or otherwise harmful content. We reserve the right to enforce such terms and remove content which is violating this term, and keep it on offline record for future references, if needed. Also, you are not allowed to upload any advertising or marketing content, including business links and spam content.
When you upload or use content to or through our site, you give us and our affiliates a worldwide license to use, copy, host, distribute, transmit, store, publicly display, publicly perform, reproduce, edit, translate, reformat, create “derivative works” (works which result from translations or changes), publish, publicly perform, communicate, publicly display sublicense and distribute the content that you put on the site. Nevertheless, we are not obligated to do any of these. This license is valid even if you stop using the site, but as long as you still have an account with the site.
No Recommendations or an Investment Advice
The site provides opportunity to participate in the token sale of the L-PESA token. the L-PESA token is not designed to serve as an investment opportunity and therefore the site does not purport to make any recommendations or offer investment or investment advice of any kind. You are solely responsible for evaluating the merits and risks associated with token purchases in general and the L-PESA token purchase specifically, before making any decisions to purchase any tokens. You agree to read the constitutive documents of the token purchase (white paper, legal opinion, etc.) before deciding to participate in the token sale.
You understand and accept that we cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your requirements for security and accuracy of data input and output, and for maintaining a means for the reconstruction of any lost data, in case needed.
THE SITE IS BEING MADE AVAILABLE TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND. YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
While we endeavor to ensure that this site is available 24 hours a day, we shall not be liable if for any reason this site is unavailable at any time or for any period. We don’t guarantee that you will be able to access the site at any time and location. We do not warrant that the site will be uninterrupted, inaccurate or error-free, and you expressly release us from any claim of harm resulting from a cause beyond our reasonable control, including but not limited to having failure of electronic, mechanical equipment or communication lines for any reason, telephone or other communication problems, computer viruses, unauthorized access, theft and other malicious actions against the site, force majeure event such as severe weather, earthquakes or other act of God, flood, extraordinary weather conditions, fire, strikes, labor dispute, wars, or governmental restriction or action, riot, insurrection, accident, communications or power failure, equipment or software malfunction. We do not warrant that defects in the site will be corrected. The site may, at any time and at our sole discretion, be offline for maintenance or for any other reason, and service may be denied, temporarily or indefinitely, and at no liability to the Company.
Limitation of Liability
In no event will the Company be liable for any incidental, consequential, indirect, punitive, or special damages or any loss of income, profits, goodwill, data, contracts, use of money, arising out of or in any way connected with:
We reserve the right to suspend, modify, remove and/or add any information in our sole discretion and without notice. In the event of such suspension, modification, removal or addition of any information for any reason, we will not be liable in any way to you.
If you become aware of a breach or potential breach of security with respect to any personal identifying information provided to or made available by us, or any unauthorized hacking of the site, you shall (i) immediately notify us of such breach or potential breach, and (ii) enable us to comply with any applicable laws requiring the report on a security breach, which may requires supplying personal identifying information.
Risks of Cryptocurrencies
One may purchase L-PESA tokens with Ether or Bitcoin and participate in the ecosystem of the L-Pesa’s micro lending application: the first crypto loan service in Africa.
Like any other cryptocurrency or computer systems in general, this system is exposed to attacks against their underlying infrastructures, Additionally, users of these cryptocurrencies occasionally send payments to the wrong destinations, errors for which sadly there is no current system for recovery. You hereby commit that if you apply these methods of payment, you are aware of the risks of using these payment systems, are experienced in transacting with cryptocurrencies, and that we are not responsible in any way for any loss that result from their use or incompetent use.
WE RESERVE THE RIGHT TO DENY THE EXECUTION OF A PURCHASE DUE TO SUBSTANTIAL PRICE INSTABILITIES THAT OCCUR IN THE PRICE OF THE CRYPTOCURRENCY WHILE IT IS IN TRANSIT ACROSS THE BLOCKCHAIN.
Additionally, you warrant that you comprehend the unpredictable nature of the movements of cryptocurrencies and relinquish any claim to recovery against us for any harm caused by the price variations while or after your order is processed.
To conclude, you acknowledge that you understand how the price-updating feature of the token purchase mechanism works, and that you understand that an order might not be completed if the payment currency value (ETH or BTC) updates before you complete a transaction.
You agree that you are solely responsible for the entire sum essential to complete the purchase even if it updates not in your favor before your payment is established.
Username and Password Policy
Registration as an authorized user for access to certain areas of the site may require a user name and password. Only one authorized user can use one username and password and account, and users may not make commercial and/or serial and/or automated use of the site. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by us. By using the site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you must immediately notify us. We also reserve the right to delete or change (with notice) a username or password at any time and for any reason.
The Company will not be liable for any loss or damages caused by the theft, or any unauthorized use of your username and password, whether you reported it to the Company or not.
Feedback and Submissions
Registered site users will have the opportunity to submit feedback and information regarding their purchase experience through the site, services or software. Such information is submitted on a voluntary basis.
Enforcing Site Security
The Company may cooperate with system administrators or other network or computing services providers to enforce the Terms or any other policy relating to the site. The Company may involve, and will cooperate with, law enforcement if criminal activity is suspected. Actual or attempted unauthorized use of this site may result in criminal and/or civil prosecution. The Company reserves the right to view, monitor, and record activity on the site without notice to you, including without limitation, pursuant to any order by a competent authority.
Terms and Termination
These Terms and Conditions will take effect at the moment you access or use the site, and are effective until terminated. This Terms and Conditions, or part of it, may be terminated by any of these means:
A violation of this Terms and Conditions by a person having only indirect access to our service through you, will be considered a violation by you, including whether the violation was in with your knowledge or consent. You are responsible for all actions of a person having direct or indirect access and service from us through you.
Termination is effective without notice. Upon termination, you must destroy all copies of any aspect of the site that you have made and remove downloaded software from your possession.
All provisions of this Terms and Conditions which by their nature should survive termination shall do so, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and any provisions regarding your use of confidential and/or proprietary information.
Generally, we reserve the right to use anything in our power available by law for any violations of these terms, including the right to block your access to our site
Governing Law and Dispute Resolutions
These Terms and Conditions and all disputes or claims arising out of or related thereto shall be governed by the laws of the Gibraltar without prejudice to its rules about conflicts of laws.
Any cause of action or claim arising out of use of the site including token purchase must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred from being submitted. You and the Company mutually waive all rights to a jury trial and to participation in class action litigation in connection therewith.
The prties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or about these Terms and Conditions. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential binding arbitration, by the rules of arbitration of Gibraltar. The proceedings will be by a sole arbitrator, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English. The arbitration will take place in Gibraltar, or another place agreed by the parties. A printed version of these Terms and Conditions will be admissible in judicial or administrative proceedings.
The Company is not required to arbitrate any dispute regarding confidentiality, infringement, misappropriation, or misuse of any intellectual property right, nor is limited from seeking interim relief from a court to prevent injury to the Company or any other person or entity. You agree that the Company shall be entitled to seek and be awarded with an injunction or other appropriate equitable relief to restrain any breach of your obligations under these Terms and Conditions. Accordingly, you waive any requirement to deposit a bond or other security to court by the Company, in the event of any injunctive or equitable relief is sought to enforce any provision of these Terms and Conditions. You acknowledge that any such breach, threatened or actual, could cause irreparable injury to the Company that is not quantifiable in monetary damages.
If you have any dispute regarding any outcome concerning this Terms and Conditions, use of the Site, services or information, you may submit your complaint to us in writing within fourteen(14) days of incident by email to email@example.com.
You agree that these Terms and Conditions are for the benefit of yourself and us. Therefore, these Terms and Conditions are personal to you and are not assignable. No joint venture, partnership, employment, or agency relationship exists between you and us because of these Terms and Conditions or arising out of your use of the Site.
If any provision of these Terms and Conditions is ruled invalid or otherwise unenforceable by a court of competent jurisdiction, or because of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be construed as amended in order to achieve as closely as possible the same effect as the Terms and Conditions as original drafted.
Effective date: Jan 10, 2018
Third Party Policies We do not sell, trade or give in any other way your personal info unless provided with an advanced notice, this does not include any website hosting partners or any other party that helps us operate our website as long as they obligate to keep the data confidential. If you choose to limit our use of your personal data for the purposes of which we initially gathered it for, it is possible that certain features will not be available for you.
Information Gathered When using our site certain personal data will be provided, some will be done voluntarily such as your name, e-mail address and your telephone number passport details, proof of address and some will be given involuntary such as data given by your electronic device such as your computer, mobile phone, your IP address, device info, operating system, location, mobile network data and it may also include your standard web log info, such as your browser type etc.
Also, to improve our services to you, we collect information about the way you use our services. For instance, we record the types of content you view, what you engage with, or the frequency and duration of such or similar activities.
we may record web server logs such as the referring site, the date and time of each visit, the length of visit, your IP computer address, traffic data, the number of links you click within the Site, the name of your Internet service provider, the resources that you access, operating system and browser type information, and information contained in or relating to any communications that you and your computer send to us or send through the Site. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
How the Gathered Information is Used We use your info for security reasons, in cases where there has been a breach of your L-PESA account or any security breach or in a case that you have lost your details to access your account. In all the above cases, we will use your personal data to prove your identity and return your control to your account. we also use it to keep the website secure and prevent fraud.
We also use your data to: Improve your experience using our site (by improving the website); Improve our customers' service responses; Process your interactions with the website quicker; Follow up on your correspondence with our customer's service (live chats, E-mail and any inquiries made by phone, if relevant); and Improve our business by analyzing data provided by you and other users;
Protection of Personal Information All personal data provided will be kept completely confidential and will not be disclosed to anyone but us. All information regarding your registration is safely stored on our secure servers, and all data is encrypted.
Generally, cookies don’t contain any personal data and as mentioned above you can adjust your browser to reject cookies although that might limit your use of our service. We could use these technologies in order recognize you as a returning user, customize its services, content, and advertising, evaluate marketing activities, and gather data about your computer or another access device.
Internet-Based Data Transfer Using the Internet to collect and process personal data necessarily involves the transmission of data. Therefore, by browsing this website and communicating electronically with us, you acknowledge and agree to our processing of personal data in the manner of internet transferring of information.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do all reasonable efforts to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use reasonable procedures and security features to try to prevent unauthorized access.
Children People under 18 years of age are not permitted to use the website.
Opting Out Although you are not required to provide us with any of the personal data that we might ask for, please note that by not doing so it could result in us not being able to open your account, or to provide you with the service you require.
If you no longer wish to use our app, you may just delete it.
If you wish to delete your personal data, please contact us and we will delete your data within a reasonable amount of time.
If you wish, you can choose not to receive our emails, newsletters or any other communications from our website by just clicking on the “Unsubscribe” link in the email sent to your registered email account with the website. You can also ask not to receive marketing communications at any time by contacting us at firstname.lastname@example.org.