This User agreement is a services provider and an end-user license agreement between you (Pestoe USER) and RIVERBANK SOLUTIONS LIMITED (platform provider). Pestoe is a household and personal bills manager.
These Terms of Use and Additional Terms and Conditions (“Agreement”) set forth the terms and conditions that apply to your access and use of the Pestoe.co.ke website and the Pestoe mobile App as owned and operated by Riverbank Solutions Limited.
By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and Riverbank Solutions Limited Privacy and Security Policy, as they may be amended from time to time in the future.
By using the information, tools, features, software and functionality including content, updates and new releases provided by Riverbank Solutions Limited of the Pestoe Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Pestoe website or mobile app), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to Riverbank Solutions Limited. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Riverbank Solutions Limited.
Definition of terms
1. Agreement means this Agreement
2. Biller means any merchant, business or company that is available on Riverbank Solutions Limited product to whom a user can remit payment
3. Account means your mobile or web account with Riverbank Solutions Limited payments Limited
4. Business Day means a day other than a Saturday, Sunday or national or public holiday in the Republic of Kenya
5. Credentials means your personal credentials used to access the App and operate your Account
6. E-Money means the electronic monetary value depicted in your Mobile Money Account representing an equal amount of cash
7. Force Majeure means events, circumstances or causes beyond its reasonable control of Riverbank Solutions limited making Riverbank Solutions Limited’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labor disputes, embargoes or government orders
8. Mobile Money Account means your mobile money store of value, being the record maintained by Mobile Money Providers in Kenya of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System
9. Mobile Money means the money transfer and payments service operated by the Mobile Money Providers in Kenya
10. Mobile Money Provider means a Mobile Network Operator that has been duly authorized by the Central Bank of Kenya under applicable law to offer Mobile Money Services in Kenya
11. Mobile Money Service means the money transfer and payments service provided by the Mobile Money Providers through the Mobile Money System
12. Mobile Money System means the system operated by the Mobile Money Providers in Kenya for the provision of the Mobile Money Service
13. Network means a mobile cellular network operated by a Mobile Network Operator
14. Privacy Policy means Riverbank Solutions limited privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
15. SMS means a short message service consisting of a text message transmitted from your mobile phone to another
16. Transaction Fees includes any fees and charges payable for the use of the Services as published by Riverbank Solutions limited on Riverbank Solutions Limited’s website or by such other means as Riverbank Solutions limited shall in its sole discretion determine. Transaction Fees are subject to change at any time at Riverbank Solutions Limited’s sole discretion.
17. Landlord is the owner of a house, apartment, condominium, land or real estate which is rented or leased to an individual or business, who is called a tenant.
18. Tenant is a person who occupies land or property rented from a landlord.
19. Property agent is a person or company assigned to manage a landlord’s property on their behalf.
Intellectual property rights
You acknowledge that all intellectual property rights in the App and the Technology belong to Riverbank Solutions Limited, that rights in the App and website are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the App in source-code form.
Privacy and your Personal Information
You can view the Riverbank Solutions Limited Privacy Statement on the Site for the Services. You agree to the applicable Riverbank Solutions Limited Privacy Statement, and any changes published by Riverbank Solutions Limited. You agree that Riverbank Solutions Limited may use and maintain your data according to the Riverbank Solutions Limited Privacy Statement, as part of the Services. You give Riverbank Solutions Limited permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Riverbank Solutions Limited services. For example, this means that Riverbank Solutions Limited may use your and other users’ non-identifiable, aggregated data to improve the Services or for design promotion..
Description of the Services
Pestoe is a household and personal bill aggregator which seeks to unify all your bills into a common place from where you can track and pay them seamlessly. It is meant to provide you with your information to allow you to organize and manage your finances revolving around your bills including
Utility bill payments.
Airtime purchases and top ups
Account setups
Bill presentations
Bill reminders
Landlord setups
Rent collections
Rent management
Landlord/property agent back office management
Bank setup
Send money
Money remmittance
Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes.
You must provide true, accurate, current and complete information about your accounts
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Riverbank Solutions Limited, in its sole discretion, may elect to take. In no event will Riverbank Solutions Limited be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
You must not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program
Exclusion of liability
Riverbank Solutions limited shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within Riverbank Solutions Limited’s control including , without limitation, Force Majeure or error, interruption, delay or non- availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Riverbank Solutions limited will not be liable for any losses or damage suffered by you as a result of or in connection with any defect or fault in the App or any Service resulting from you having altered or modified the App.
Communication between us
If you wish to contact us in writing, or if any condition in these Terms and Conditions requires you to give us notice, you can send this to us by e-mail to info@riverbank.co.ke or to such e-mail address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by e-mail.
Dispute resolution
The Parties shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this Agreement. To this end, the Parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them. In the event that an amicable settlement has not been reached within thirty (30) days of the parties’ representatives meeting as aforesaid
Any dispute, difference or question whatsoever and howsoever arising out of or in connection with this Agreement, save as specifically provided herein, shall be referred for final determination to a single arbitrator to be appointed by agreement between the parties hereto or in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other then, upon application by either party, by the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitrators (“Institute”).
Such arbitration shall take place in Nairobi and shall be conducted in accordance with the Rules of Arbitration of the Institute.
To the extent permissible by law the determination of the arbitrator shall be final and binding upon the Parties and shall not be subject to any appeal.
Nothing shall restrict either Party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.