Cell Secure Limited, trading as PesaTrust.com provides an escrow service (“Service”), under these terms and conditions together with any additional operating rules and policies published on pesatrust.com.
“User” is defined as any customer who acts as a buyer (“Buyer”) or a seller (“Seller”) in an pesatrust.com transaction, or USSD or Android platform.
“Site” refers to the website for the Services which can be found at www.pesatrust.com.
“Transaction Detail Pages” means those web pages on the Site where Users provide all requested information in connection with a Transaction.
1. USER IDENTIFICATION:
Any and all information provided by Users on the pesatrust.com registration form shall be true and accurate. Users agree not to impersonate any person or entity or use a name or alias that they are not authorized to use. If any information is proven to be false or misleading, Cell Secure Limited, trading as PesaTrust reserves the right to cancel the transaction. Users shall update information as needed.
2. USER CONDUCT:
Users are over 18 years of age and/or able to form a legally binding contract.
Users agree that their transaction does not violate any applicable local or international laws.
Users use of the Service is subject to all applicable local laws and regulations, pertaining to, but not limited to, networks connected to the Service and transmission of technical data through the Service.
Users further agree to not transmit any material that encourages conduct that could constitute a criminal offense, give rise to a civil liability or transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or objectionable material of any kind or nature.
Users are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Service. Users are also responsible for charges associated with the connection to the Service.
Users are solely responsible for the contents of their transmissions through the Service and agree not to interfere with, or disrupt, networks connected to the Service.
Users are aware that any attempts to gain access to other computer systems are prohibited.
Cell Secure Limited, trading as PesaTrust may, at its sole discretion, immediately terminate Service should Users’ conduct fail to conform with the above terms and conditions.
Cell Secure Limited, trading as PesaTrust reserves the right to cancel any transaction after ten (10) calendar days of its initiation if it has not been acknowledged by both Buyer and Seller.
4. ESCROW LIMITATIONS:
Cell Secure Limited, trading as PesaTrust does not process any escrow that involves the sale of liquor licenses or sale of businesses (bulk sale).
Cell Secure Limited, trading as PesaTrust will not participate in the sale of, including but not limited to, the following: firearms, weapons or munitions; pirated software, music or videos; counterfeit items; false ID or documentation; illegal drugs or paraphernalia; human and/or animal remains or organs; club memberships or timeshares; time sensitive documents (e.g., theater, concert or airline tickets); or the transfer of licenses or title.
Cell Secure Limited, trading as PesaTrust reserves the right to deny any transaction.
Cell Secure Limited, trading as PesaTrust shall not be responsible for the transfer of title for personal property, including, but not limited to, automobiles.
Cell Secure Limited, trading as PesaTrustshall not be held liable and makes no warranties regarding verification of ownership or verification of existing encumbrances against property.
5. USER ACCOUNT, PASSWORD AND SECURITY:
Users are solely responsible for maintaining the confidentiality of their password and are solely responsible for any and all activities which may occur with their account. Users agree to immediately notify Cell Secure Limited, trading as PesaTrust of any unauthorized use of their account or any breach of security.
6A. SHIPPING/DELIVERY REQUIREMENTS:
Seller must deliver merchandise directly to Buyer’s address as provided on the pesatrust.com Transaction Detail Pages. DO NOT SHIP MERCHANDISE TO PESATRUST. Merchandise sent to Cell Secure Limited, trading as PesaTrust will be returned to Seller at Seller’s expense. Seller is responsible for the condition of the merchandise until it is received by Buyer. It is recommended that the Seller obtain shipping insurance for the purchase price of the merchandise. Cell Secure Limited, trading as PesaTrust shall not be liable for any loss or damage to merchandise.
Seller must use a delivery service that provides a tracking or reference number that Cell Secure Limited, trading as PesaTrust can use to confirm delivery. Users authorize Cell Secure Limited, trading as PesaTrust to use the tracking information provided to confirm receipt of merchandise. A signature obtained upon delivery, from the Buyer and/or their agent, is the only undeniable proof that the merchandise was delivered and received.
Should Seller fail to ship within ten (10) calendar days of the transaction reaching “Buyer payment received” status, Cell Secure Limited, trading as PesaTrust reserves the right to return funds, less Cell Secure Limited, trading as PesaTrust’s service fee, to the Buyer and cancel the transaction.
Provided Cell Secure Limited, trading as PesaTrust is able to verify that the Buyer has received the merchandise, Cell Secure Limited, trading as PesaTrust will release payment only after the Inspection Period has lapsed or the Buyer has indicated approval of the merchandise, whichever occurs first. The Inspection Period is the amount of time allotted for a Buyer (or Seller in the event of a return) to examine and evaluate the merchandise received. The Inspection Period begins when Buyer has received the transfer of merchandise and lasts for three (03) calendar days or as has been agreed upon by the Buyer and Seller in the Transaction Detail Pages. Seller’s Inspection Period, in the event of a return, is five (5) calendar days from when the Seller has received the return of merchandise.
Should Cell Secure Limited, trading as PesaTrust be unable to verify that the Buyer has received merchandise, Cell Secure Limited, trading as PesaTrust reserves the right to either: (1) cancel the transaction and return all funds, less Cell Secure Limited, trading as PesaTrust’s service fee, to the Buyer; or (2) withhold the payment to the Seller for the merchandise for up to 90 days.
Users agree that Cell Secure Limited, trading as PesaTrust is not responsible for the return of merchandise or for disputes by or between the Buyer and Seller after the transaction has been completed. Completion is defined as the date on which funds are disbursed.
Should merchandise require special transport, a bonded, licensed and insured transport company must be used. The transport company must be willing and able to provide Cell Secure Limited, trading as PesaTrust with proof of delivery.
6B. RECEIVING REQUIREMENTS:
Buyer is responsible for providing complete and accurate address information to Cell Secure Limited, trading as PesaTrust and immediately notifying Cell Secure Limited, trading as PesaTrust of any address changes. Buyer is also responsible for ensuring that they, or their agent, are available to receive or pick up merchandise from the delivery carrier in a timely manner. It is Buyer’s responsibility to notify Cell Secure Limited, trading as PesaTrust, within the Inspection Period, of any disagreement with the shipping carrier’s delivery information.
If delivery insurance was purchased and the merchandise was damaged during shipping, Buyer must immediately notify Cell Secure Limited, trading as PesaTrust, the Seller, and the delivery carrier. The insurance provider will instruct the Buyer as to what action to take. In the event of shipping damage, Buyer must retain all packaging materials and merchandise for review by the insurance carrier. If Seller did not purchase insurance, Seller is liable for repair or replacement cost of the merchandise. Buyer is responsible for any damage to merchandise after receipt.
If Buyer returns merchandise to Seller, Buyer is responsible for all shipping requirements and Seller is responsible for all receiving requirements as outlined in Sections 6A and 6B above.
7. DEPOSIT OF FUNDS:
Cell Secure Limited, trading as PesaTrust can accept payments in the following forms depending on transaction: (1) mobile money e.gh Mpesa, (2) bank wire transfer – EFT and RTGS, (3) Pesalink, (4) Debit or Credit Cards or (5) personal or business cheques (payments made by personal or business cheques will incur a delay of ten (10) business days from receipt by Cell Secure Limited, trading as PesaTrust). If payment is made by credit card, the User must be the cardholder of record. PAYMENT MUST BE MADE PAYABLE TO Cell Secure Limited.
Cell Secure Limited, trading as PesaTrust will not be responsible and accepts no liability for the devaluation of funds received or refunded to Buyer or Seller which occurred as a result of the conversion of foreign currency.
8. FEES AND CHARGES:
Upon the receipt and processing of funds, Cell Secure Limited, trading as PesaTrust’s service fee becomes non-refundable.
9. UNCLAIMED FUNDS:
Funds held in trust cannot be released without: (1) the mutual instructions of both parties; (2) performance or implementation of the policies set forth in the terms and conditions; (3) an order resulting from arbitration or (4) a court order.
10. COPIES OF DOCUMENTS:
Users shall make copies of any documents necessary for their files including, but not limited to, escrow instructions, receipts and transaction ledgers. Cell Secure Limited, trading as PesaTrust will not mail out hard copies of documentation unless specifically requested by Users and approved by Cell Secure Limited, trading as PesaTrust.
All information requested on the registration form shall be referred to as “Registration Data”. The data collected by Cell Secure Limited, trading as PesaTrust with respect to User’s use of the Service shall be referred to as “Service Usage”. Unless otherwise instructed, Users grant Cell Secure Limited, trading as PesaTrust the right to disclose Users’ Registration Data and Service Usage, in aggregate, to third parties. Such disclosures will exclude Users’ name, mailing address, e-mail address, account number and phone number. However, Cell Secure Limited, trading as PesaTrust is required to disclose any and all information necessary, as required under law, in the event of legal actions, audits or investigations.
No advice or information, whether oral or written, obtained by Users from Cell Secure Limited, trading as PesaTrust or through the Service shall create any warranty not expressly made herein. Users expressly agree that use of the Service is at Users’ sole risk.
Cell Secure Limited, trading as PesaTrust expressly disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to merchantable warranties, fitness for a particular purpose and non-infringement. The Service is provided on an “as available” basis. Cell Secure Limited, trading as PesaTrust makes no warranty that the Service will meet Users’ requirements, or that the service will be uninterrupted, timely, secure or error free; nor does Cell Secure Limited, trading as PesaTrust make any warranty as to the results that may be obtained from the use of the service, its accuracy, its reliability or that defects in the software will be corrected.
The above limitations may not apply if Users’ jurisdiction does not allow for the limitation of exclusion of liability for incidental or consequential damages.
13. LIMITATION OF LIABILITY:
Cell Secure Limited, trading as PesaTrust shall not be liable for direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for the cost of procurement of substituted goods and services. Cell Secure Limited, trading as PesaTrust shall not be liable for messages received or transactions entered into through the Service resulting from unauthorized access to, or alteration of, Users’ transmission or data including, but not limited to, damages for loss of profits, use, data or other intangibles, even if Cell Secure Limited, trading as PesaTrust has been advised of the possibility of such damages. In no event will Cell Secure Limited, trading as PesaTrust’s total liability to User exceed the amount paid by Users for the Service. Cell Secure Limited, trading as PesaTrust shall not be held liable or responsible for any agreements, whether verbal or written, between Users that are not documented as part of the Cell Secure Limited, trading as PesaTrust transaction. Cell Secure Limited, trading as PesaTrust shall not be liable for any communications received and acted upon by Users that were not initiated by Cell Secure Limited, trading as PesaTrust.
The above limitations may not apply if Users’ jurisdiction does not allow for the limitation of exclusion of liability for incidental or consequential damages.
14. RESALE OR COMMERCIAL USE OF SERVICE:
Users’ rights to use the Service are personal to Users. Users agree not to resell or make any commercial use of the Service without the express consent of Cell Secure Limited, trading as PesaTrust. Users acknowledge that the contents appearing in the Service may be protected by copyrights, trademarks or other proprietary or personal rights and that the use of such content are governed by the laws which create those rights and provide for their enforcement. Users agree that without the prior consent of Cell Secure Limited, trading as PesaTrust, Users shall not resell the Service or use the Service for the transmission of commercial solicitations or for the receipt of responses to commercial solicitations. Users agree that they shall not, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit any content obtained though the Service. Users agree that they will not use the Service for the transmission of (or receipt of responses to) chain letters or pyramid schemes of any kind. Users agree that they may not use the Service to disseminate any message in a broad-based mailing without the prior written permission of Cell Secure Limited, trading as PesaTrust. Users agree not to forge communications transmitted through the Service. Users agree not to permit another person to transmit communication that falsely identifies their account as the origin of such communication.
Users shall, at their expense, agree to defend, indemnify and hold pesatrust.com, its parent company Cell Secure Limited, subsidiaries, affiliates, officers, and employees, harmless from any and all damages, liabilities, costs and expenses, (including reasonable attorneys’ fees) incurred by Cell Secure Limited, trading as PesaTrust arising from or relating to any third party claim, suit or proceedings associated with Users’ use of the Service, violation or infringement of these terms and conditions by Users (or others using the Service through Users’ computer) or any allegation that the information Users have provided hereunder (1) is factually inaccurate, misleading or deceptive, (2) infringes or misappropriates any copyright, trademark, trade secret or other intellectual property right of any third party, or (3) is libelous, defamatory, obscene or pornographic or violates other civil or criminal laws, including those regulating the use and distribution of content on the Internet and protection of personal privacy; provided
Cell Secure Limited, trading as PesaTrust promptly notifies Users in writing of such claim and promptly tenders full control of the defense and settlement if any such claim to Users at their expense.
16. PARTICIPATION OF PROMOTIONS OF ADVERTISERS:
User expressly permits and authorizes Cell Secure Limited, trading as PesaTrust to furnish User, electronically or by any other means selected by Cell Secure Limited, trading as PesaTrust, information prepared by Cell Secure Limited, trading as PesaTrust or other entities, including advertising information and solicitations. User acknowledges that advertisements and solicitations are an inseparable part of the Service. Accordingly, User understands and agrees that such advertisements and solicitations cannot be terminated unless the Service is also terminated. User may enter into correspondence, or participate in promotions with the advertisers showing their products on the Service however, any such correspondence, promotions, delivery, payment for goods and services, or any other terms, conditions, warranties or representations associated with such are solely between the User and the advertiser. Cell Secure Limited, trading as PesaTrust assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. User agrees to pay all sales, use, value added, personal property or other governmental tax or levy imposed on goods or services that User purchases through the service.
17. DISPUTES BETWEEN BUYER AND SELLER:
Users understand and agree that any dispute between Users must be resolved through arbitration and that Users relinquish their right to resolve a dispute through the public court system. Any dispute between Users shall be submitted either to the Chairman, for the time being, of the Chartered Institute of Arbitrators Kenya Chapter.
Users shall be responsible for payment of all fees and costs associated with the arbitration process. The decision by the arbitrator is final and legally binding and Cell Secure Limited, trading as PesaTrust will disburse funds according to the instructions in the decision.
Cell Secure Limited, trading as PesaTrust shall be entitled to its non-refundable escrow fee regardless of the outcome of the arbitration. Cell Secure Limited, trading as PesaTrust will provide relevant communications between Cell Secure Limited, trading as PesaTrust and Users, as well as the transaction history, the arbitrator and to either party, upon request. Users are hereby advised that Cell Secure Limited, trading as PesaTrust shall have access to certain information maintained by the arbitrator regarding the status of the dispute so that Cell Secure Limited, trading as PesaTrust may determine when and to whom pesatrust should release funds. Cell Secure Limited, trading as PesaTrust reserves the right (but has no obligation) to commence arbitration, or to interplead the funds with a court of competent jurisdiction at any time
TheTerms and Conditions shall be governed by and construed in accordance with the laws the Republic of Kenya, excluding its conflict of law provisions. Users irrevocably consent to the exclusive jurisdiction of the courts of the Republic of Kenya
19. MODIFICATION AND AMENDMENTS OF AGREEMENT:
Cell Secure Limited, trading as PesaTrust may amend the Terms and Conditions at any time and in any manner. Each use by Users reaffirms Users’ agreement to be bound and abide by the amended Terms and Conditions. If Users do not wish to be bound by the amended terms and agreements set forth in the Terms and Conditions, Users must discontinue and terminate their use of the Service.
20. TERMINATION OF AGREEMENT:
Cell Secure Limited, trading as PesaTrust may, at its sole discretion, terminate Service should Users’ conduct fail to conform with the Terms and Conditions or if any changes or alterations are made to the Terms and Conditions by User.
Cell Secure Limited, trading as PesaTrust reserves the right to modify or discontinue the Service with or without notice to Users and Cell Secure Limited, trading as PesaTrust shall not be liable to Users or any third party should Cell Secure Limited, trading as PesaTrust exercise such rights. Either Users or Cell Secure Limited, trading as PesaTrust may terminate the use and access of the Service and Users’ account at anytime, with or without cause.