Terms and Conditions

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Pesepay is a Platform operated by Code Virtus (“We/Us”). We are a Software Development Company based in Harare and Lusaka. This terms of use tells you the terms of use on which you may make use of our Pesepay Platform, whether as a guest or a registered user. Use of our Platform includes accessing, browsing, registering to use our site or integrating with us. Please read these terms of use carefully before you start to use our Platform. Use of this site constitutes your acceptance of these terms and conditions which take effect at the time you first access the site. If you do not accept these terms and conditions you must not use this site.

Other applicable terms

The following terms also apply to your use of our Platform:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate. You agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of this site by any third party.

Prohibited Products List (PPL)

The Prohibited Product List ("PPL") describes the acceptable use of the services provided to Pesepay's users and customers by Pesepay. We may decline, suspend, or terminate your use of Pesepay’s services in accordance with the PPL. Please review this list and ensure that your business practices, products and services are compliant with this PPL. Please note that We have the right to update and modify this PPL at any time without prior notice. The list of Prohibited Products and Services listed below is merely representative, but not exhaustive. In other words, your business practices, products and services may not be approved regardless of whether they appear below.

  1. Adult Entertainment (Sexually Oriented)
  2. Drug Paraphernalia
  3. Currency exchange
  4. Firearms, Ammunition, High Capacity Magazines, Weapons (Swords, Knives, etc.)
  5. Gambling, including Lotteries, etc
  6. Pyramid schemes (income potential oriented)
  7. Illegal and Potentially Illegal Products/Services including products that promote or facilitate illegal activity
  8. Branded / Trademark protected products in the absence of reseller rights
  9. Images, logos, designs of existing protected intellectual property
  10. Non-Accredited Certification Test Exams, Academic Degrees, or Diplomas
  11. Pre-Adult Content- Pictures, Videos, etc. of individuals under the age of 18
  12. Sites that promote Hatred, Racism, or Religious Persecution
  13. Sell of malware and including, but not limited to, computer viruses, worms, trojan horses, spyware, dishonest adware, crimeware, unauthorized rootkits, and other malicious and unsolicited software.

Changes to these terms

We reserve the right to change these terms and conditions at any time by posting changes online. It is your responsibility to refer to these terms and conditions on accessing this site.

Continued use of this site after such changes to the terms and conditions constitutes acceptance of those posted changes.

Information on our Platform and changes to it

We endeavour to keep the information published on our Platform up to date and correct, however we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

We reserve the right to make this site unavailable at any time or to restrict access to parts or the entire site without notice.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@codevirtus.com stating in the subject matter of your email ‘Platform Terms of Use – Password issues’.

Privacy

Our overriding objective is to handle all data fairly and securely. Any information you give us about yourself will be stored on our systems and will not be disclosed to, processed and used by us, and the other companies that assist us in providing our services.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. You acknowledge that all intellectual property rights, including any trademarks or copyright in the content of this site, are owned by Code Virtus. Nothing contained herein shall be construed as granting any licence or right to use any of the intellectual property of Code Virtus except as otherwise provided on this site. All such rights are reserved.

You must not modify in any way the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Limitations of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Platform ; or
  • use of or reliance on any content displayed on our Platform.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any content on it, or on any Platform linked to it.

We assume no responsibility for the content of websites linked to our Platform. Such links should not be interpreted as endorsements by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in our Merchant Service Agreement.