Terms Of Use

We have included an arbitration clause in these terms of service, which, with limited exceptions, requires you to arbitrate any claims you may have against us. In the arbitration agreement, (1) you are restricted from filing class or representative lawsuits or proceedings against the company as an individual, not as a member of a class or representative action, and (2) you can only seek relief (including monetary, injunctive, and declaratory relief) individually.

1.0 PRODUCT

PEPEO is an online tool to help fundraising treasurers manage fundraisers transparently, efficiently, and affordably. It is operated and owned by Brainverse Technologies Ltd Kenya- a company that offers IT solutions and services to businesses. PEPEO's mission is to avoid confusion, inaccuracy, loss of money, and time wastage when collecting funds to support your cause.

Pepeo users are advised to read this document carefully before using or accessing the service.

2.0 DEFINITIONS

Terms and expressions defined in this Agreement will have the following meanings unless otherwise specified:

ACCOUNT- The term "Account" refers to a Customer's virtual Pepeo Account.

Regardless of any subsequent amendments, this "Agreement" refers to these Terms of Use as they are currently in effect.

In this context, your account's balance refers to the amount of money available on your credit side from time to time.

The term "customer" refers to you and anyone else using Pepeo.

A "Fee" is the amount payable under this Agreement for the Pepeo Services, as well as any other corresponding charges.

The term "fundraising" refers to campaigns where people raise money or make contributions and contributions of money for various causes.

A mobile phone is a handheld device or handset with a mobile network.

The term "payments" refers to contributions or donations credited to your fundraising account.

SMS stands for Short Message Service and refers to text messages sent between mobile subscriber networks.

Pepeo Services can be accessed through pepeo.africa website.

3.0 TERMS AND CONDITIONS

3.1 USE OF PEPEO

Pepeo Terms of Use govern your use of the service, and your acceptance of them makes you and the company bound by them. As a user of Pepeo and other products and services we might make available to you from time to time, including third-party merchant accounts and Social Network Platforms, you agree to these Terms of Use. Using the Pepeo Service is of your free will and you have not been forced or coerced into using it in any way.

Using the Service may be subject to general practices and limitations set by Company, including without limitation the maximum storage space that will be allotted on Company's servers on your behalf and the maximum retention period for data or other content. If any data or content uploaded or maintained by the Service is deleted or not stored, you agree that Company is not responsible. The company reserves the right to terminate an account if it has been inactive for a long period.

You are solely responsible for providing and maintaining true, accurate, current, and complete information about yourself when registering for the Service. As a result, you acknowledge that Company reserves the right to change these general practices and limits without prior notice at any time. The password and Account information that you maintain is confidential, including any MPESA, Airtel Money, or other mobile money passwords you use.

In addition to notifying the Company immediately in case of any breach of security concerning your passwords or Account, and exiting from the Service at the end of each session, you agree to (a) refrain from using any other unauthorized access to your passwords or Account. In the event you fail to comply with any other applicable terms contained herein, Company will not be liable for any loss or damage.

In the event that you use the Service on your mobile phone, you agree that we may send you messages regarding the Company or other entities, as well as information about your use of the Service, via SMS, MMS, text message, or other electronic means. Your Account information must be promptly updated if your mobile telephone number changes or is deactivated. This will prevent your messages from being sent to the person who acquired your old number.

We will strive to make sure that the Product is available at all times, however, we cannot guarantee that the Product will always be available. We will not be held responsible or liable for any loss that may result from any non-availability of the Product, regardless of how the occurrence occurs. The Pepeo Services are not fault-free and are subject to certain circumstances and factors including acts of God, mobile operator issues, or problems such as maintenance or unavailability of the network that may adversely affect the quality and provision of services, which you acknowledge by accepting these Terms of Service.

It is our policy not to accept any liability for any loss, injury, or damage that may result from any breach of confidentiality.

You also understand and accept Pepeo's basic terms and conditions in addition to everything above.

• Setting up a fundraiser on Pepeo is free.
• You are allowed to withdraw your funds at any time as long as the balance exceeds the minimum withdrawal fee.
• Sending contributions being free but withdrawals are governed by the latest price list of your Network Service Provider.

3.2 CUSTODY OF MONEY

It is hereby declared that the Company holds custody of all payments and other monies received in connection with the payments credited to your Account (the "Customer Balances") so that you will be entitled to any Customer Balances equal to the balance in your Account when the Payments have been credited to your Account. The records in our system are conclusive evidence of the E-Value outstanding on your account at any given time and we are not required to conduct any independent investigation into the Customer Balances owed to you.

As long as Customer Balances remain in the Customer Balances Account, we are not required to invest or generate money from those funds. We are only responsible for maintaining the Customer Balances Account and not investing or generating money from those funds on behalf of others.

The money in your Account or on your behalf is therefore uninsured, and you release us from all liability that could arise from that. Contributions made to the Pepeo Account are not regarded as deposits and we do not act as a financial institution.

3.3 WITHDRAWAL RIGHTS

The following are additional terms and conditions regarding withdrawals:

Generally, we will process your withdrawal request within one (1) hour to four (4) hours from the time of your request, barring any unforeseen circumstances;

Our investigation would be required if we suspect any deviation from this condition in the withdrawal from the SIM card that has been designated as the fundraiser's treasurer.

It is your responsibility to obtain a replacement Mobile Phone and/or SIM card from your mobile operator if you lose your Mobile Phone or SIM card for you to be able to withdraw.

A withdrawal from an Account may be made after a Customer has passed away with the permission of their next of kin or legal representative (“Claimant”). To withdraw money from the respective Account, we must have the following documents to our satisfaction:

• Original national identification or passport of the Claimant;
• Certificate of death for the deceased;
• The Statutory Declaration (Affidavit), which is a document witnessed by an oath commissioner that states the deceased's relation to the claimant;
• A Provincial administration letter, confirming a deceased individual's beneficiaries and certain details about the deceased. The confirmation will contain the full names of the deceased, their hometown, and all their beneficiaries;
• The confirmation of the grant of Letters of Administration when the deceased person died intestate or the confirmation of the grant of Probate when the deceased person died testate, if applicable.

3.4 PROPRIETARY RIGHTS

Your use of the Service will not include data mining, robots, scraping, or similar methods of obtaining or storing data. If you do not receive express authorization from the Company to modify, copy, frame, scrape, rent, lease, loan, sell, assign, sublicense, or distribute the Software, you agree not to modify, copy, frame, scrape, create derivatives, reverse engineer, reverse assemble, or otherwise discover its source code. As a result of a restriction imposed by the Company regarding access to the Service (such as blocking your IP address), you agree not to take any action to circumvent that restriction (e.g., masking your IP address or using a proxy) by circumventing that restriction.

Whenever you send the Company any questions, comments, suggestions, ideas, feedback, or any other information related to the Service, you agree and acknowledge that those communications are non-confidential and that the Company has the right to use and distribute these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and without restriction.

Copyright Complaints:

Copyright infringement or any other violation of your intellectual property rights may be reported to Company using the infringement claim procedure set forth below if you believe your work has been copied.

In the event that an alleged or actual infringement occurs, the Company will investigate the notice and take appropriate remedial action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Please send an email to pepeo@brainverse.co notifying the Company of any claims of copyright infringement.

3.5 THIRD-PARTY WEBSITES

You may access other Internet resources and sites through the Service, or third parties may provide you with access to them. Such sites and resources are not controlled by the Company, and the Company is not responsible for or endorses them. You agree that any dealings you have with third parties found on our Service are between you and them and that we are not liable for any loss or claim you make against them.

3.6 CHANGES TO THE PRODUCT OR TERMS OF USE

The Company has the right to:

• In any way and at any time, modify, add or remove information and materials on the Product; and/or;
• modify or amend our Terms of Use at any time
• Any aspect, component, or part of the Product can be suspended, limited, restricted, and/or denied access at any time without prior notification to you or any Customer. This includes, without limitation, scheduled or unscheduled maintenance, upgrades, improvements, or corrections.
• Occasionally change the fees for this product.

Whenever there are changes to the Product, you'll receive an SMS, an email, or a telephone call notification. Our website will keep you updated on all such changes. Using the service after notice constitutes your agreement to the changes. We will accept your written cancellation request if you do not agree with any changes incorporated in these Terms of Service.

3.7 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This service is not guaranteed to meet your needs, to be uninterrupted, timely, secure, or error-free, or to yield accurate or reliable results, unless explicitly stated otherwise.

It is your express understanding and agreement that the company, its subsidiaries, its officers, directors, or any of the foregoing will not be responsible for any direct or indirect, special, consequential, exemplary, or other damages, including, but not limited to, damages resulting from loss of goodwill, use, data or other intangible losses. This service and these terms of service may be discontinued at any time if you are dissatisfied with any aspect of it.

We will do our utmost to resolve any technical problems as soon as possible, but we assume no responsibility for any technical failure or malfunction of the Product or any delays.

3.8 LEGAL RESTRICTIONS

It is prohibited for anyone to use the Pepeo product in any jurisdiction where it is prohibited or would conflict with applicable laws, rules, or regulations.

3.9 MISLEADING, OFFENSIVE AND INAPPROPRIATE CONTENT

Regardless of how or why it may arise, we reserve the right to monitor content on our systems and to remove any that is misleading, offensive, or otherwise objectionable to us.

It is prohibited to use Pepeo Products for illegal purposes.

3.10 SUSPENSION, DISCONNECTION & CLOSURE OF ACCOUNT & SERVICES

The following circumstances may result in us suspending, barring, restricting, or terminating your Account and/or the provision of the Services (in part or whole) without being liable to you or requiring your notification:

• In the event you are declared bankrupt, insolvent, or otherwise incapable of paying your debts on time or if you make an application or initiate any proceeding to wind up filing bankruptcy, or be insolvent;
• Our knowledge or belief that your Account is being misused, violated, improperly handled, fraudulently used, or for criminal activities (or has previously been used in such a manner);
• In the event that law enforcement or another competent regulatory or governmental agency or authority initiates an investigation or other regulatory or enforcement proceeding against you or for any other reason which, in the Company's reasonable judgment, will tarnish its reputation;
• In the event you violate any of these Terms of Use or any of our conditions, regulations, or instructions;
• In the event that you notify us of a security breach or compromise of your Account;
• Upon receiving your closure request.

In the event that your Account is closed or suspended pursuant to this clause, we will not be liable for any direct, indirect, consequential, or special loss or damages that may arise as a result of any act or omission on our part or the act of any third party for which we are responsible, whether such claims arise under contract or law.

3.11 INDEMNITY AND RELEASE

The Company, its officers, directors, employees, agents, and officers shall be released, indemnified, defended, and held harmless from all losses, expenses, damages, and costs, including reasonable legal fees, rights, claims, actions, and injury (including death) resulting from your use of the Service, the User Content, your connection to the Service, any violation of these Terms (including negligence or wrongful conduct) by you or any other individual accessing the Service.

3.13 SEVERABILITY

In every case, each provision of this Agreement will be interpreted in such a way that it will be effective and valid in accordance with the applicable law requirements. Any invalidity, illegality, or unenforceability of any provision of this Agreement under applicable law or rule will not affect any other provision of this Agreement if any court of competent jurisdiction finds it to be invalid, illegal, or unenforceable in any respect. If some part of this Agreement is found to be invalid, illegal, or unenforceable, it will be reformed, construed, and enforced as if the such invalid, illegal, or unenforceable provision(s) had never existed.

3.14 PRIVACY

At the Company, we are committed to protecting the privacy of our users. Our Privacy Policy provides more information. The Service collects and uses personal data as described therein, and you consent to such collection and use.

3.15 GENERAL

In addition to any prior agreements between you and Company, these Terms of Service govern your use of the Service and replace any prior agreements. Additionally, when you use affiliate or third-party services, third-party content, or third-party software, additional terms and conditions may apply. Despite any statute or law to the contrary, you agree that any claim or cause of action arising out of or relating to the use of the Service or these Terms of Service must be filed within one (1) year of the claim or cause of action arising or you will be forever barred from trying to assert them. If the agreement or any notice provided in electronic form is in print or electronic form, both will be admissible in any judicial or administrative proceeding based on it or relating to it on the same basis and under the same conditions as other business documents or records originally produced and maintained in print. This Terms of Service may not be assigned, in whole or in part, without the prior written consent of the Company, but Company may do so without restriction. No legal or contractual effect is attached to the titles of these Terms of Service. You may also receive notices through the Service of any changes to these Terms of Service or other matters by displaying notices or links to notices thereon.