The terms and conditions stated herein constitute an agreement for the services contemplated herein and become effective between you and JPesa (we,” “us,” “our,”) at the time of registering, accessing and using the services offered on the Investment Club Application. You are advised to seek independent professional advice.
Banking services.
1. AGREEMENT BETWEEN USER AND JPESA INVESTMENT CLUB (JPesa)
These Terms of use (the “Terms”) are a contract between you (“User,” “you,” or “your”) and JPesa which govern your use of the Investment Club Application and services (the “Application”). “-,” “JPesa” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
Using the Investment Club Application and Services means that you have accepted all the terms contained in these Terms of Use. You should read all these terms carefully.
The Investment Club Application is comprised of links to various websites and social media platforms operated by JPesa and by signing up to this application you will have direct access to the said links. And further, by agreeing to these terms of use you agree to abide by the conditions of those respective sites.
The Investment Club Application is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Investment club application and services constitutes your agreement to all such terms, conditions, and notices.
2. DEFINITIONS
In these Terms unless the context otherwise requires;
- “Linked Sites” means links to other websites and services.
- “Communication Services” mean chat areas, calendars, public aspects of your profile (including bio and profile picture), comment sections, and/or other message or communication facilities designed to enable you to communicate with a group.
- “Submissions.” Means materials you provide to the Communication Service (including feedback and suggestions) through posting, uploading, inputting, or submitting to the Application.
- “Administrator” means the individual who creates and controls member registrations.
- “member” includes those being registered and contributing funds to the investment club.
- “Contributions” means funds contributed by members to the investment club.
- “Users” means and includes individuals who use the Application, including you, the individual agreeing to these Terms.
- “Titled groups” means the users in their respective clubs, SACCOs, investment companies et cetera.”
3. MODIFICATION OF THESE TERMS OF USE
JPesa reserves the right to modify these terms, and notices under which the Investment Club Application and services are offered, including but not limited to the charges associated with the use of the Investment Club Application. Substantial changes to the Terms will be preceded by a notice to Users that can be accessed by the Users on JPesa’s website for a reasonable period before the modifications are implemented.
4. LINKS TO THIRD PARTY SITES
The Investment Club Application may contain Linked Sites. The Linked Sites are not under the control of JPesa and JPesa is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. JPesa is not liable for any loss or damage incurred by the user due to their interaction with Linked Sites and access or use of Linked Sites is at the User’s own risk. JPesa is not responsible for webcasting or any other form of transmission received from any Linked Site and is not responsible for the content so accessed. JPesa is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JPesa of the site or any association with its operators.
5. APPLICATION OF PERSONAL INFORMATION
Collection and use of your personal information shall be in accordance with JPesa’s Privacy Policy. The Application is not directed to, and not intended for the use of, children under the age of 18. If you are under the age of 18, please do not register or submit any personal information to the Service. As a condition of your use of the Investment Club Application and services, you warrant to JPesa that you will not use the Application for any purpose that is unlawful or prohibited by these terms, and notices or by any statute or order of any authority including a court of competent jurisdiction. You shall not use the Investment Club Application in any manner which could damage, disable, overburden, or impair the Investment Club Application or interfere with any other party’s use and enjoyment of the Investment Club Application. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Investment Club Application.
6. USE OF COMMUNICATION SERVICES
By signing up to the application, you agree to use the Communication Services only to post, send and receive messages and material that are proper and relate to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, bully stalk, threaten or otherwise violate the legal rights of others.
b) Publish or cause to be published, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use pornographic, violent, or otherwise harmful images as a profile image or icon.
f) Restrict or prohibit any other user from using and enjoying the Communication Services.
g) Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
h) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
i) Violate any applicable laws or regulations.
JPesa reserves the right to review materials posted to a Communication Service and at its sole discretion restrict the display of such material. JPesa reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. If a User is found in violation of the rules defined for the Communication Services, they will be subject to the rights reserved by JPesa in Termination/Access Restriction section of the Terms.
JPesa reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in JPesa’s sole discretion.
JPesa specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service, as well as any actions taken by other Users as a result of the information they received from your Submissions. Accordingly, always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. JPesa does not control or endorse the content, messages or information found in any Communication Service.
You acknowledge and agree that you are solely responsible for ensuring the safety and integrity of your account. You are responsible for maintaining your account credentials in such a way that there can be no doubt you managed your account to the best of your ability to prevent breaches of security. You also agree that you will create your account with information that truly reflects your legal identity, payment information, and contact information. If any of this information changes, you agree to update this information upon the next use of our Services.
7. USE OF MONEY EXCHANGE SERVICES
The Investment Club Application contains money exchange services designed to enable you to collect monies for a variety of reasons described as, Member contributions, savings, dues and fines. As a Contributor, you agree that all payment information and personal information be submitted to JPesa.
Bank is true and actively updated to reflect any changes. Contributors are solely responsible for investigating and verifying the validity of the Club they wish to contribute to, and all Contributions are made at the sole discretion and risk of the Contributor. JPesa will not be held liable for any losses or damages. Some transactions are subject to an online processing fee detailed at …………………. …….Without limiting the foregoing, you agree to not use Investment Club services and money exchange services for:
- Anti-money laundering activities
- Terrorism activities
- Seditious activities
Corruption/bribery purposes and Any other activity is specifically forbidden by law or by these terms.
8. CLUB ADMINISTRATORS/ ADMINS
As the Administrator of an Investment Club, you assume full responsibility of the content, and conduct of your Club. JPesais not responsible or liable for any information provided by the Club Administrator as it relates to content, savings, membership dues, or products offered within the Club. It is the Club Administrator’s responsibility to monitor Club activity and ensure that all members comply with the Terms. If a member of a Club is found to have violated the Terms of Use, JPesa reserves the right to hold the entire club in violation and take actions outlined in the Termination/Access Restriction clause towards the Club and all Users of the Cub.
9. MEMBER PAYMENTS / DUES
Member Payments/Dues are a form of payment made available by JPesa that allows the Administrators to set a specific amount to request from each Club Member.
JPesa is not liable for the information provided by the Club Admins, nor responsible for the uses of the funds that have been collected from the Club dues/member payments. It is the Contributor’s responsibility to know to whom you are submitting the funds to, what those funds are being used for, and to evaluate the legitimacy of the club/ group before Contributing.
10. LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the investment club application may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
JPesaand/or its suppliers may make improvements and/or changes in the investment club application at any time. Advice received via the investment club application should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
JPesaand/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the investment club application for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. JPesaand/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall JPesa and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the investment club application, with the delay or inability to use the investment club application or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the investment club application, or otherwise arising out of the use of the investment club application, whether based on contract, tort, negligence, strict liability or otherwise, even if JPesa or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the investment club application, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the investment club application.
11. ANTI-BRIBERY
You hereby agree to comply with all applicable laws, statutes and regulations relating to and governing anti-bribery and anti-corruption practices including but not limited to the Anti-Corruption Act 2009. You shall not engage in any activity, practice or conduct which would constitute an offence under the Act. you shall not and shall procure that the club members shall not offer, solicit or accept an inducement/ advantage in connection with the service under these terms of use. Breach of this clause shall be deemed a material breach of these terms of use and will lead to revocation of the club and its members’ user rights.
12. TERMINATION/ACCESS RESTRICTION
JPesareserves the right, at its sole discretion, to terminate your access to the Investment Club Application and the related Services or any portion thereof at any time, without notice where JPesa believes you have engaged in activities restricted by these Terms. JPesa may take various actions to protect other Users, third parties, or you from a variety of liabilities. The actions we take may include, but are not limited to the following:
JPesa may
12.1 Close, suspend, or limit your account, and your ability to access your account and the Investment Club Services. 12.2 Contact the Users who have been involved with you through Communication Services.
12.3 Contact your bank, and/or warn other Users, law enforcement, or other parties impacted by your actions.
12.4 Update inaccurate Submissions through the Investment Club Application.
12.5 Suspend the delivery of funds to you from Contributors as long as is deemed fit to protect involved parties from risk.
12.6 prohibit you from accessing our services.
12.7 Take legal action against you; and
If you violate these Terms, then in addition to the aforementioned actions, you will be held jointly and severally responsible for all damages incurred by JPesa as a result of your violation(s). Due to the nature of possible violations of these Terms, it would be extremely difficult to accurately calculate the possible financial loss incurred by JPesa as a result of your violation(s), and the wide array of potential consequences of the violation(s). For this reason, you acknowledge and agree that for your violation of these Terms a reasonable minimum estimate of JPesa’s actual damages will be charged. JPesa may deduct the amount owed for these damages directly from any existing funds on the club account, or with any funding source connected to your account or any other account in your control.
If we close, restrict, or suspend your account, we will notify you of our actions if we believe it to be appropriate. We will also provide you with the opportunity to request for the full restoration of your account if, in our sole discretion, we deem it appropriate. Further, you acknowledge that JPesa’s decision to take actions, including those listed above, may be based on confidential criteria. that are essential to the security of JPesa and our Users. You agree that JPesais under no obligation to disclose the details of its risk management or security procedures to you. JPesa also reserves the right at its sole discretion to determine whether or not a certain Club, user Account, payment, or any Submission to our Services contains information that needs to be stored. Use of the Investment Club Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. the Bank’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JPesa’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Investment club Application or information provided to or gathered by JPesa with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JPesa with respect to the Investment Club Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JPesa with respect to the Investment Club Application. A printed version e-Investment Club Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
