Terms and Conditions

Welcome to Pezzy.

These Terms and Conditions set out the rights and obligations of You (“the Customer”), and Us, (“Pezzy”), in connection with your use of the Pezzy app Services (Service). By using Pezzy App Services, you unconditionally accept and agree to be bound by the applicable laws, rules, regulations and instructions relating to the Service, now and as may be amended from time to time.

Pezzy Enterprises is a personal wealth management app that helps you save up for the future or a certain goal. Pezzy suggests a budget for your income. You also get a chance to invest and earn above market returns.

Downloading, installing and using our app means you have read and agreed to the following terms and conditions. Note that these terms and conditions keep on changing and are updated regularly. The essential updates that involve your security and privacy are updated automatically while the unessential ones are updated with your consent.

By signing these terms and conditions of the Pezzy Online Services, you agree to be legally bound by the same.

These Terms and Conditions are subject to change from time to time and you will be notified about any changes online. By clicking the “I agree” button to Pezzy Online Services, for these revised clauses at the time of login, you agree to be legally bound by same.

DEFINITION OF TERMS

In this agreement, the following words shall have the meanings ascribed to them:

Password Means the Pezzy App Personal Identification Number or secret number chosen by you (or if you do not elect to change it, the initial secret number given to you) that is used to confirm your identity whenever you use the Service.

Security Codes means the user identification code (including Secure Access Image and Secure Access Message) with the Password details agreed between you and us that are used to identify you whenever you use the Service.

Pezzy App Service Means the services provided by us which enable you to obtain information from us and give instructions to us by computer, telephone, mobile telephone, tablet, personal digital assistant or any other device linked to our system by any means (among other things).

Pezzy Mobile App means the Pezzy Mobile Software Application version (or any subsequent version) for use on a mobile phone or tablet giving access to the internet, which can be downloaded to any mobile device which runs an operating system supported by us, through which you can access our Online Services.

Activation Code means a One-Time-Password we send you after successful onboarding as your temporary PIN for use to select your Mobile PIN.

Mobile PIN means your secret personal identification number which you enter in order to log in and to confirm transfers when using Pezzy Mobile App.

Eligible Accounts means your accounts with us that you are authorized to access by using Pezzy Mobile Service.

Service Software means any software supplied to you whenever you access the Pezzy Online services and any other software we supply to you for the purpose of accessing or securing the Service from time to time.

Pezzy means collectively Pezzy Investment and HK Financial Markets.

User Guide means the Information Guide, the technical supplement and all customer guides, manuals, help texts or similar documents (whether in hard copy or electronic form) issued by us in relation to the Pezzy Online Wealth Management Service, and includes any modification thereto by it, as may be issued from time to time.

Set a goal means the creation of a savings or investment goal using the Pezzy wealth Management Service.

Borrowing means a loan request from the savings on the borrowings goal by using Pezzy Online Wealth Management Service.

Passive Savings means a saving triggered to M-Pesa by using Pezzy Online Wealth Management Service.

Pezzy Account means Pezzy digital account.

Statement means Pezzy account statement, contract or translation note, confirmation notice for Investment Services, or any of these or similar documentation, as applicable, depending on the service.

Pezzy means Pezzy Investments, HK Financial Markets and all its Wealth Management affiliates bearing or not the name of Pezzy.

Affiliate of Pezzy means and includes any company which is the holding company or subsidiary of Pezzy, or any person under the control of or under common control with Pezzy.

Account means Pezzy current or saving account held by a customer.

Profile means the User account created for you on the Mobile App platform.

Customer means a customer of Pezzy holding an Account and who is a registered Mobile App user. Pezzy means an Affiliate of Pezzy Investments and HK Financial Markets.

Mobile Phone Number means the Customer’s registered mobile number with Pezzy, provided by the Customer during account opening, through Pezzy 24 Hour Customer Care Centre or in writing (either through any form provided by Pezzy or otherwise), for the purpose of availing the Mobile Wealth Management Facility.

References to the masculine gender shall be interpreted to include the feminine and vice- versa. We/Us/Our/Bank refers to Quantum Investments Ltd., a Private Limited Liability Company, having its registered office Norrsken House, 1 KN 78 St. Kigali.

PURPOSE

The purpose of these General Terms and Conditions is to regulate the modalities for accessing and operating the Online Wealth Management services provided by Pezzy (Pezzy Online Wealth Management Service), and indicate the means made available to You to enable You to use Pezzy Online Wealth Management Services.

The Pezzy Online Wealth Management Services allows you to access our Wealth Management services in a format which is easier to view on a computer, mobile phone or tablet.

Pezzy Online Wealth Management Services include the following services:

  • Online inquiries on any account(s) held by you at Pezzy, Pezzy digital account and associated service(s).
  • Online management of any account(s) held by you at Pezzy and associated service(s);
  • Create goals
  • Make Investments
  • View your account statements
  • Conduct Passive savings
  • Active Savings
  • Borrow
  • Monitor Savings Progress
  • Income and expense monitoring
  • Carry out any other additional service that we may provide in any future update of the Pezzy Online Wealth Management Service.

A higher level of security will be required for some services available, which we will tell you about in this agreement and from time to time.

You must not use the Pezzy Online Wealth Management Service for any other purpose.

Depending on your operating system or your device you may not have access to all of the services provided within Pezzy Online Wealth Management Service.

CONTRACTUAL DOCUMENTS

Pezzy Online Wealth Management Services are governed by these general terms and conditions which are known to you as hereby confirmed by you, and which you accept without any reservation. This agreement replaces all earlier terms and conditions relating to the Pezzy Online Wealth Management Services (if any) except where we advise you otherwise. It is also in addition to the terms and conditions that apply to the individual accounts, you may be accessing through the Pezzy Online Wealth Management Services. If there is a conflict between the terms and conditions of this agreement and any other relevant terms and conditions, the terms and conditions governing the Pezzy Online Wealth Management Service shall prevail inasmuch as it concerns the use of the Pezzy Online Wealth Management Service.

  1. PERSONS AND ACCOUNTS WHICH MAY USE THE Pezzy ONLINE WEALTH MANAGEMENT SERVICES

    1. By agreeing to be bound by the terms of this agreement, you agree that the Pezzy Online Wealth Management Service will be available on all eligible accounts with us, whether open now or opened in the future. The Pezzy Online Wealth Management Service cannot be used on some types of accounts and we will advise you from time to time as to which accounts are eligible
    2. Pezzy Online Wealth Management Services are accessible by any natural person, of full age and capacity, whether an individual or professional Customer, holding one or several Pezzy Mobile digital accounts (Eligible Accounts) in Pezzy books (“the Customer”).
    3. Pezzy Online Wealth Management Services are not open to joint accounts or accessible to Customers who are not personal holders/beneficiaries of their accounts, even if they hold any power of attorney or any type of delegated authority on the account(s). If we make the Pezzy Online Wealth Management Service available for the joint account in the future, we shall also make available the terms and conditions of use.
    4. As an exception to the foregoing, special conditions of access to Pezzy Online Wealth Management Services in terms of age and type of account accessible via our online Wealth Management service may be determined by us in various countries of operation.
  2. SUBSCRIPTION TO Pezzy ON LINE WEALTH MANAGEMENT SERVICE

    You must be registered with us to be able to use the Pezzy Online Wealth Management Services.
    1. SUBSCRIPTION TO Pezzy MOBILE APP

      1. To use Pezzy Mobile App You will be required to download the Pezzy Mobile Wealth Management App from the Apple App Store or the Android Google Play store. You also need to check that you have the latest version of the app. If you do not have the latest version of the app installed, Pezzy Mobile Wealth Management may not work properly on your mobile phone or tablet.
      2. You will be able to onboard with your mobile phone number by creating an account on the mobile App.
      3. After successful onboarding, we will send you an initial One-Time (temporary) PIN. You will then be required to select your profile PIN, after which you can log in to your profile.
      4. Your PIN is your “Security Code” and will be required anytime you want to log on the app or perform a transaction.
    2. Your communication of accurate and complete information is absolutely necessary for provision of Pezzy Online Wealth Management Service.
    3. Pezzy reserves the right to reject or decline to act on any subscription request to Pezzy Online Wealth Management Services, without having to give any reason and/or justification thereof.
  3. YOUR RESPONSIBILITIES FOR SECURITY

    1. To ensure that you alone are able to access and give instructions on your accounts using the Pezzy Online Wealth Management Service, you must adopt and at all times maintain the security procedures described in this Agreement and any relevant User Guide.
    2. To enable you to use the Pezzy Online Wealth Management Service, we will give you a user identification code and an initial password and you must then choose your own Password for the Service. Additionally for the Mobile Wealth Management you will be required to change your Activation Code after you have been sent an automated temporary PIN after which you can log in to your profile with your Mobile PIN. These are your Security Codes and both will be used to identify you whenever you access the Service. Safeguarding your Password and Security Codes
    3. In connection with your Security Codes:
      1. You should change your Password or Mobile PIN regularly, and you shall be required to do so whenever the Pezzy Online Wealth Management Service requires you to change your Password or Mobile PIN. You should not choose a Password or Mobile PIN you have used before;
      2. Whenever you choose a Password or Mobile PIN, you must ensure that you do not choose a word or number that is likely to be guessed by anyone trying to access the Pezzy Online Wealth Management Service pretending to be you. For example, you should avoid your own or a relative’s date of birth, or any part of your telephone number;
      3. You must take all reasonable precautions to keep safe and prevent fraudulent use of your computer or mobile device and Security Codes at all times, and not disclose them to anyone. You must not disclose any details of your Password or Mobile PIN or Security Codes to anyone including but not limited to a member of our staff, the police or to someone giving assistance on a technical helpdesk in connection with the Service;
      4. You must not record your Security Codes in a way that could make them recognizable by someone else as Security Codes;
      5. If you discover or suspect that your Security Codes or Password or any part of them are known to someone else, you must immediately change the Security Codes or the Password yourself through the Pezzy Online Wealth Management Service. If this is not possible, you must notify us immediately by telephoning the Contact Centre of the Pezzy where your account is held (or any other number we may advise you from time to time for this purpose) or join us via our webchat portal. We will suspend use of the Service until new Security Codes have been set up.
      6. After initial registration we will never contact you (or ask anyone to do so on our behalf) with a request to disclose your security codes in full. If you receive any such request from anyone (even if they are using our name or logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security codes to them in any circumstances. Additionally, you should report any such requests to us immediately.
      7. Once you have logged on to Pezzy Online Wealth Management Service you must not leave your mobile device or computer unattended or let anyone use your mobile device or computer. You must log out of the Pezzy Online Wealth Management Service once you have finished using the services and in particular not leaving the Pezzy Online Wealth Management Service running in the background whilst logged in (e.g, whilst multi-tasking, or running other apps or website). You must follow all security measures provided to you by the manufacturer of your computer or mobile device operating system that apply to your use of Pezzy Online Wealth Management Service.

      CHECKING YOUR STATEMENTS

    4. If you become aware of any transaction on any of your accounts that has not been validly authorized by you, you must notify us immediately by telephoning the Contact Centre of the Pezzy where your account is held (or any other number we may advise you of from time to time for this purpose) or join us via our webchat portal. For this purpose, you are reminded that you must, as is required of you for all your accounts, check all Statements for any unauthorized transactions. Any anomaly in the entries on your Statements must be brought to our attention within 30 days of the date thereof and you agree that failure to give such notice absolves us from all liabilities arising thereof.
    5. OTHER SECURITY SAFEGUARDS

    6. You must not allow anyone else to operate the Pezzy Online Wealth Management Service on your behalf.
    7. You must not leave Your System or Device unattended while you are on-line to the Pezzy Online Wealth Management Service. This applies whether Your System is a device you have sourced independently of us or a device provided by us to access the Pezzy Online Wealth Management Service.
    8. You must not access the Service from any device connected to a local area network (or LAN), such as an office environment, without first making sure that no one else is able to sight or copy your security codes or obtain access to the Pezzy Online Wealth Management Service pretending to be you.
    9. Note that “jailbreaking” or “rooting” (the processes used to modify or hack the operating system of your mobile device to allow you more control over the device, including the ability to remove manufacturer-imposed restrictions, and including the ability to gain unrestricted access to the entire file system) or other similar operating system modifications will increase the risk of the Application being compromised and the customer shall bear sole responsibility for any associated risk or liability that may arise therefrom, howsoever caused. It is strongly recommended that you do not pursue and/or implement any such modifications.
    10. You must comply with any other requirements designed to protect the security of your use of the Pezzy Online Wealth Management Service which are notified by us to you in any other way.

    YOUR AUTHORITY TO US TO CARRY OUT INSTRUCTION

  4. You agree that the use of the Security Codes agreed between us for the Pezzy Online Wealth Management Service is adequate identification of you. We are entitled to act on instructions (using the Security Codes via the Pezzy Online Wealth Management Service) without obtaining any further written or other confirmation from you, even if those instructions are not actually given or authorized by you.
    1. Your liability for unauthorized instructions
      1. You will be held liable for all losses and expenses that may be attributed to unauthorized use if you have acted fraudulently or; negligently; or with misconduct or if you are in willful default of any of the security obligations described in sections 6.1 to 5.3.7 inclusive and 6.5 to 6.8 inclusive or the notification requirements of section 6.3.5 and 6.4.
      2. You will not be responsible nor have any liability for any instruction that is not authorized by you but is given using your Security Codes if:
      3. Such instruction is given after you have notified us that you have discovered or suspected that your Security Codes are known to someone else in accordance with section 6.3.5; or
      4. Your Security Codes or Password has become known to the person giving the unauthorized instruction as a result of our gross negligence or willful default on our part. Acting on your instructions
    2. You must not use the Pezzy Online Wealth Management Service to create an unauthorized overdraft on any of your accounts and we are entitled to decline to accept any instruction that would do so. If an unauthorized overdraft is created, we may take any action we think fit and charge any interest and charges to the account in question (in accordance with the terms and conditions of that account). You agree that:
      1. When we receive a transaction instruction from you through the Pezzy Online Wealth Management Service, we will be entitled to debit any payment plus any charges payable for the transaction from the account you have specified. Once you have given an instruction through the Pezzy Online Wealth Management Service, you will not be able to reverse it. We will be under no obligation:
      2. To reverse an instruction you have given; or
      3. To accept an instruction that is conditional or reversible or which requires us to pay a third party sooner than we would be able to pay them following our normal Wealth Management practices.
      4. However, if you do ask us to reverse an instruction after you have given it, we may at our discretion try to do so to the extent that this is possible under the rules and practices of the online Wealth Management system. You agree that you will be responsible for any costs we incur as a result.
      5. We may, when we believe we are justified in doing so:
      6. Refuse to carry out an instruction given via the Pezzy Online Wealth Management Service; or
      7. Require written confirmation from you on a particular instruction.
      8. If we come to believe that an instruction may not have been properly authorized by you, we will be entitled, after making reasonable efforts to check whether it was properly authorized, to take steps to reverse any action taken on the basis of that instruction. We will not be responsible for any loss to you that results from such a reversal.
      9. When you give an instruction via the Pezzy Online Wealth Management Service, we will act on that instruction in accordance with the cut-off times notified to you through the Pezzy Online Wealth Management Service. From time to time we may notify you of changes to these cut-off times. Instructions given at any other time may not be acted on until the next Business Day.
      10. You will be responsible for all instructions given by you or anyone acting with your authority between when you log on the Pezzy Online Wealth Management Service until you log off the Pezzy Online Wealth Management. You are responsible for making sure information shown or stored on your computer or mobile device is kept secure.
      11. You must advise us of any change to your mobile phone or email used to access the Pezzy Online Wealth Management.

    OPERATING TIMES AND DISRUPTIONS

  5. It is our aim to ensure a complete Pezzy Online Wealth Management Service at all times, but the speed or lack of interruption to the service cannot be guaranteed. We shall take reasonably practicable steps to have the Pezzy Online Wealth Management Service be usually available for use. The Service may be interrupted due to our need to update or maintain our systems or those of our third-party agents who provide part of the service.
    You accept, therefore, that routine maintenance requirements and excess demand on the systems may mean it is not always possible for the Service to be available during its normal operating hours. In addition, the Service may be affected by the coverage available from your mobile network provider or maintenance and upgrades they perform that affect the availability of your mobile network.
    1. It is our aim to ensure a complete Pezzy Online Wealth Management Service at all times but we will not be responsible to you when failure to provide the Service is caused by abnormal and unforeseeable circumstances beyond (or our agents’ and/or subcontractors’) control, the consequence of which would have been unavoidable despite our efforts to the contrary.
    2. The Pezzy Online Wealth Management Service is provided “as is” with no representation, guarantee or agreement of any kind as to its functionality. We cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer or mobile device. We are not responsible for any loss you may incur as a result of this.
    3. In connection with the Pezzy Online Wealth Management Service, we are entitled at any time to:
      1. Change the mode of operation; or
      2. Add to, remove or otherwise change, end or suspend any of the facilities available; or
      3. End the Service.

    EVIDENCE OF OPERATIONS EXECUTED BY THE Pezzy ONLINE WEALTH MANAGEMENT SERVICES AND ARCHIVING

  6. Evidence You accept that the recording of telephone conversations and electronic communications by us of your orders, requests and operations effected and made through the Pezzy Online Wealth Management Service and the electronic message transmission service which can be accessed through the Pezzy Online Wealth Management Service shall be considered as evidence of the said orders, requests and operations.
    1. Archiving
      1. With respect to orders for operations and requests for services passed by you through Pezzy Online Wealth Management Service: We shall keep the records of orders and request for operations and services passed or made by you, according to the legal period in force in the country where your account is held. We may supply such data to you upon your request, as per the current rates.
      2. With respect to information and documents available for you under Pezzy Online Wealth Management Service. These information and documents shall remain accessible to you throughout the duration of your subscription to the Pezzy Online Wealth Management Service. You are hereby reminded that the denial of access to Pezzy Online Wealth Management Service entails the temporary or permanent inaccessibility of all the information displayed in the Pezzy Online Wealth Management Service; and furthermore, that the termination of your subscription to Pezzy Online Wealth Management Service entails the definitive inaccessibility of these data.

    SERVICE SOFTWARE AND HARDWARE

  7. Pezzy Online Wealth Management Services can only be accessed by connection through www.Pezzy.com website. You cannot connect from any other address. Pezzy Mobile App can only be accessed on the Apple App Store and the Android Google Play store. Software compatibility
    1. Each time you access the Pezzy Online Wealth Management Service, it may automatically provide Your System with the Pezzy Online Wealth Management Service Software necessary to enable you to access and operate the Pezzy Online Wealth Management Service. Alternatively, the Pezzy Online Wealth Management Service Software may be supplied to you in some other way. It is your responsibility to ensure that the Pezzy Online Wealth Management Service Software supplied to you is compatible with any computer or other device from which you access the Pezzy Online Wealth Management Service and any software on that computer or other device. If it is not, you must compensate us for any loss we suffer as a result. We shall not be liable to you for any loss you suffer as a result of any incompatibility between the Pezzy Online Wealth Management Service Software and any computer or other device from which you access the Service. Protection against Viruses.
    2. You must take all reasonably practicable measures to ensure that any computer or other device from which you access the Pezzy Online Wealth Management Service is free of any computer virus or similar device or software including, without limitation, devices commonly known as software bombs, Trojan horses and worms (together “Viruses”) and is adequately maintained in every way. The Pezzy Online Wealth Management Service can be accessed through the Internet or other communication channels as the case may be, public systems over which we have no control. You must therefore ensure that any computer or other device you use to access the Pezzy Online Wealth Management Service is adequately protected against acquiring Viruses. You must install all security software which may be provided to you from time to time by us in order to protect the integrity of the Pezzy Online Wealth Management Service.
    3. By using the Pezzy Online Wealth Management Service with the embedded Pezzy Secure Application, you acknowledge and agree that:
      1. All rights, title and interest, including all intellectual property rights in and to the Application shall vest in and shall at all times remain vested in Pezzy;
      2. The Application may be relied on to authenticate the identity of the mobile device on which the Application is downloaded;
      3. The Application may be used by us to associate you with the mobile device on which you download the Application and verify your identity when you perform transactions using such mobile device or when you communicate with the us using your mobile device; Using other people’s devices
    4. You must not access the Pezzy Online Wealth Management Service using any computer or other device which you do not own unless you have first obtained the owner’s permission to do so. If you break this rule, you must compensate us for any loss we suffer as a result. Access through third-party services.
    5. We cannot be responsible for any services through which you access the Pezzy Online Wealth Management Service that are not controlled by us, or for any loss you may suffer as a result of you using such a service. You must comply with all the terms and conditions of such a service and pay all the charges connected with it. Ownership rights in connection with the Service Software and other information.
    6. By supplying you with the Pezzy Online Wealth Management Service Software to access the Service, we are granting you a non-exclusive, non-transferable, non-assignable, and temporary license to use the Pezzy Online Wealth Management Service Software (and any updates made available to you from time to time provided you understand that such updates may be subject to additional terms notified to you at the time such update is made available) for the purpose of accessing the Service, and for no other purpose. The Service Software and all other material and information supplied to you contain valuable information that belongs to us or others. You must not:
      1. Use them except in connection with accessing the Service;
      2. Take copies, sell, assign, commercially rent, sub-license, otherwise transfer them to any third party; or 7.6.3 Attempt to decompile, reverse engineer, input or compile any of the service Software.
    7. If you access the Pezzy Online Wealth Management Service from a country outside of where we operate, you are responsible for complying with the local laws of that country, including (but not limited to) obtaining any license needed for the import / export of the Pezzy Online Wealth Management Service Software to that country.

    FINANCIAL TERMS AND CONDITIONS

    1. We are entitled:
      1. To charge you fees and charges for the Pezzy Mobile Online Wealth Management Service; and
      2. To change those fees and charges from time to time by giving you at least 30 (Thirty) days’ notices. If we give you such a notice, you will not have to pay any proposed increase so long as you cancel your use of the Service during the 30-day notice period. However, your continued use of the Service after the 30-day notice period shall be conclusively deemed to be your acceptance of such changed fees and charges.
    2. To avoid any doubt, please note that the references to fees and charges in section.
      1. only apply to our charges for providing the Pezzy Mobile Online Wealth Management Service. They do not apply to any charges for particular Wealth Management or other services we might provide in response to your requests via the Pezzy Mobile Online Wealth Management Service. We will be happy to provide you with details of our charges for particular Wealth Management or other services on request. You may also incur charges from your Internet Service Provider or your mobile service provider for downloading and using the Pezzy Online Wealth Management Service.

    LIABILITY YOUR LIABILITY

    1. You will be responsible for the transmission of exact, appropriate, correct and complete information to us, and their update at regular intervals.
    2. You will be responsible for any consequence resulting from wrong manipulation attributable to you or to faulty transmission.
    3. You will be fully responsible for the use and safe keeping of your username, Phone number, PIN and Personal Data Package, as well as for the consequences of their disclosure to anyone.
    4. You shall bear responsibility for any prejudice which may arise from connection to the Pezzy Online Wealth Management Services web site through another address and/or another procedure other than those indicated in these general terms and conditions or Users Guide, which, inter alia, might lead to a site operated by a malicious third party seeking to divert your data.
    5. You declare that you know the risks inherent to the use of Online Wealth Management services (risks relating to data security, diversion, misappropriation of funds, misuse, etc.) and further declares that you fully accept to assume the consequences of such risks.
    6. THE EXTENT OF OUR LIABILITY FOR YOUR LOSS OR DAMAGE

    7. We will take reasonably practicable steps to ensure that our systems in connection with the Pezzy Online Wealth Management Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to us from time to time.
    8. We will not be liable for any loss or damage to you as a result of making the Pezzy Online Wealth Management Service available to you, including any direct, indirect, consequential or special loss, even if we have been advised of the same. Examples of circumstances in which we will not be liable to you for loss or damage incurred by you through the use of the Pezzy Online Wealth Management Service include (but are not limited to):
      1. Acting on an instruction which has been validly authenticated as coming from you but which in fact was given by somebody else; and
      2. Any incompatibility between Your System and the Pezzy Online Wealth Management Service; and
      3. Any machine, system or communications failure (except where such failure should have been prevented by the risks control and arrangement measures had we adopted such measures in accordance with clause 12.6), industrial dispute or other circumstances beyond our control that leads either to the Pezzy Online Wealth Management Service being totally or partially unavailable or to instructions given via the Service not being acted upon promptly or at all; and
      4. You relying on any financial information provided as part, or by means, of the Pezzy Online Wealth Management Service; and
      5. Any misuse of Your System by you or anyone else; and
      6. Any access to information about your accounts which is obtained by a third party as a result of your using the Pezzy Online Wealth Management Service (except where that access is obtained as a result of our gross negligence or our willful default).
      7. Any damage which would have been prevented had you installed security software for the Pezzy Online Wealth Management Service as advised from time to time by us.
    9. In the event that we are liable for any loss or damage to you as a result of your use of the Pezzy Online Wealth Management Service, we shall only be liable for direct loss or damage which, in the ordinary course of events, might reasonably be expected to result from the circumstances in question and only if such loss or damage is caused by our gross negligence or willful default. Please note that the Pezzy Online Wealth Management Service has no facility for you to let us know that it is especially important to you that a transaction is carried out by a particular time. If you need to be completely certain that an instruction has reached us and that it will be carried out within a particular time, you must speak to a customer service representative. We shall operate as indicated in article 7.8 and shall not be liable for any loss or damage you incur due to a transaction not being carried out within your desired time.
    10. You shall indemnify us, our employees and our nominees or agents promptly and on a full indemnity basis from or against all actions, omissions, negligence, proceedings, claims, demands, damages, losses (including direct, indirect or consequential losses), costs and expenses including all duties, taxes, or other levies and legal costs as between solicitor and client (on a full indemnity basis) and other liabilities which we may incur or suffer from or by reason of your use of the Pezzy Online Wealth Management Service.
  8. .
    1. USE OF THE Pezzy WALLET SERVICES

      The Wallet functionality allows customers to withdraw cash from Pezzy. The wallet is serviced by funds from borrowings, earnings or matured goals.
    2. AUTHORITY TO Pezzy

      The Customer irrevocably and unconditionally authorizes Pezzy to access the Customer’s Account for effecting instructions through the Pezzy Mobile Wealth Management application and to share any relevant information with any third parties as may be required for the purpose of accepting/ executing such requests of the Customer.
    3. ACCURACY OF INFORMATION

      The Customer goes through scrutiny to provide accurate and complete information wherever required and shall be solely responsible for the correctness and completeness of information provided by him to Pezzy at all times, including, but not limited to, for the purposes of using the wallet service. Pezzy shall not be liable for consequences arising out of erroneous information supplied by the Customer. If the Customer suspects that there is an error in the information supplied by Pezzy to him, he shall advise Pezzy immediately. Pezzy will endeavor to correct the error wherever possible on a best effort basis. While Pezzy will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, Pezzy shall not be liable for any inadvertent error, which results in the providing of inaccurate information.
    4. DISCLAIMER OF LIABILITY

      1. The Customer agrees that Pezzy shall not be liable if:
        • The Customer has breached any of the Terms, contained herein; or
        • The Customer has contributed to or the loss is a result of failure on the part of the Customer to advise Pezzy within a reasonable time about unauthorized access to his/her Pezzy Mobile Wealth Management Application or erroneous transactions in the Account by use of the wallet;
      2. Pezzy shall endeavor to provide the wallet Facility on a best effort basis and the Customer shall not hold Pezzy liable for non-availability of the wallet Facility or non-performance by service providers, if any, engaged by Pezzy or any loss or damage caused to the Customer as a result of use of the wallet Facility for causes which are not attributable to Pezzy. Pezzy shall not be liable in any manner to the Customer in connection with the use of the wallet Facility. Without limitation to the other provisions of these Terms , Pezzy, its employees, agents or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of Pezzy in receiving and processing the request or any failure, delay, interruption, suspension, restriction, or error in Pezzy’s system and/or any third party who provides such services as is necessary to provide the wallet service.
      3. The Customer agrees that Pezzy may hold and process his personal information concerning his Account on computer or otherwise in connection with the wallet service as well as for analysis, credit scoring and marketing. The Customer also agrees that Pezzy may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited to compliance with legal and/or regulatory directives, for credit rating by recognized credit scoring agencies, and for fraud prevention.
    5. Pezzy will not be liable for any losses, damages, expenses and/or claims whatsoever, suffered by the Customer or Recipient or any other person arising out of or related to:-
      • Acts in good faith on any instructions received by Pezzy from or on behalf of the Customer in relation to the wallet Service;
      • Error, default, delay or inability of Pezzy to act on all or any of the instructions given by the Customer • Loss of any information/instructions in transmission;
      • Unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;
    6. INDEMNITY

      In consideration of Pezzy providing the wallet service, the Customer, at his own expense, agrees to indemnify, defend and hold harmless, Pezzy, its directors and employees, representatives, agents, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that Pezzy may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given by the Customer or otherwise for use of the wallet service.
    7. FEES

      Pezzy shall have the discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of any or all of the Facility, by notifying the Customer of such in any manner as may be specified by Pezzy from time to time.
    8. MODIFICATION

      Pezzy shall have the absolute discretion to amend or supplement any of the Terms, features and benefits in relation to the Wallet service. Pezzy may communicate the amended terms and conditions by hosting the same on Pezzy Mobile Wealth Management App or in any other manner as decided by Pezzy. The Customer shall be responsible for regularly apprising himself of revised versions of these Terms and Conditions, including amendments thereto as may be updated and shall be deemed to have accepted the amended terms and conditions by continuing to use the Wallet service. Any change in the terms and conditions shall be communicated to the Customer, in the manner as aforesaid, one week prior to the date of their implementation
    9. TERMINATION

      Pezzy may, at its discretion, withdraw temporarily or terminate the Wallet service, either wholly or in part, at any time without giving prior notice to the Customer. Pezzy may, without prior notice, suspend the Wallet service at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Wallet service. Pezzy shall endeavor to give a reasonable notice for withdrawal or termination of the Wallet service. The closure of the Account of the Customer will automatically terminate the Wallet service. Pezzy may suspend or terminate Wallet service without prior notice if the Customer has breached these Terms or Pezzy learns of the death, bankruptcy or lack of legal capacity of the Customer.
    10. NOTICES

      Pezzy may give notice under these Terms electronically to the mailbox of the Customer (which will be regarded as being in writing) or SMS using the registered mobile number of Customer. The Customer may give notice to Pezzy via the live chat functionality on the Pezzy Mobile App or through the Pezzy Contact center or the Branch. In addition, Pezzy may also provide notice of a general nature regarding the Wallet service and the Terms, which are applicable to all Customers using the Wallet service, on its Mobile App and/ or also by means of the customized messages sent to the Customer on his mobile phone as SMS or other mode as may be deemed fit by Pezzy. Such notice will be deemed to have been served individually to each Customer.
    11. GOVERNING LAW

      Any dispute or differences arising out of or in connection with the Wallet service shall be subject to the exclusive jurisdiction of the Courts of competent jurisdiction in the country in which the Account is held.
  9. TERMS & CONDITIONS FOR NON-Pezzy CARD ATTACHED TO THE Pezzy MOBILE APP

    1. Background
      1. Pezzy is pleased to offer you Pezzy Mobile App, described below in Section 2 (“Pezzy Mobile App”). Please read these supplementary terms and conditions (T&C) carefully before onboarding or attaching a Non-Pezzy Visa or MasterCard because they constitute a binding legal agreement between You (“You”, “Your” or “User”) and Pezzy for Pezzy Mobile App. By installing or using Pezzy Mobile App, You agree to be bound by the T&C. If you do not agree to the T&C, you may not use Pezzy Mobile App. The T&C may be modified by Pezzy from time to time. If we modify the T&C, we will update the “Last Revised” date listed above and provide notice if required by applicable law. If you continue to access or use Pezzy Mobile App after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes to the T&C.
      2. Incorporation of other Terms and Conditions. This T&C supplements the General Pezzy Mobile App Terms and Conditions available on the App that apply to registered user accounts with Pezzy (the “Pezzy Account”). You must have an Pezzy Account to use Pezzy Mobile App. You are required to agree to this T&C to onboard or attach a Non-Pezzy Issued Visa/MasterCard before using Pezzy Mobile App.
      3. Privacy Notice. Your use of Pezzy Mobile App is subject to the Pezzy Mobile App privacy policy, as captured in the General Terms and Conditions. The Privacy Notice explains how Pezzy collects, protects, uses and shares Your personal information in connection with Pezzy Mobile App.
    2. Pezzy Mobile App Features
      1. Pezzy Mobile App is a mobile application that enables users to store and use credentials that represent non-Pezzy credit, debit, and prepaid cards (each, a “Card”) as authorized by the issuer of such Card (a “Card Issuer”). Pezzy Mobile App also enables users to access features including, but not limited to: save, borrow, invest and informational services. The availability of Pezzy Mobile App and its features may vary based on Your location, merchant or provider participation, device model or Card.
      2. Cards. In order for a Card to be eligible to be used in Pezzy Mobile App, the Cardholder, through the Issuer, must have approved the Card for participation in Pezzy Mobile App through various second level authentication processes implemented by Pezzy.
        Pezzy reserves the right to exclude certain Cards from participating in Pezzy Mobile App or to terminate their participation at any time. The eligibility of a Card may vary based on Your location and may change from time to time.
    3. Notifications; In-App Messaging You agree that Pezzy may send You notices, disclosures and other communications to Your device via SMS, in-app messaging and email. Notices may include information about Pezzy Mobile App services, including, Deals, Promotions, Rewards, Pezzy Mobile App merchant acceptance, service enhancements, updates and other information. You agree that certain notices may be based on Your location relevant to stores or businesses. You hereby consent to receive such notices from Pezzy.
    4. Your Acceptance of these T&C.
      1. The T&C only govern the relationship between Pezzy and You related to Your use of Pezzy Mobile App. Other than as specifically set forth herein, Pezzy neither conducts nor has control over any commercial activities in connection with Your use of Pezzy Mobile App, including, without limitation, credit assessment, card issuance, payment processing, chargebacks, purchases, returns, refunds, merchant offers, deals, rewards or membership terms. Pezzy does not have any control over Your Card Issuer’s cardholder authentication activities. You agree that Pezzy is neither responsible for any of these activities, nor for Your relationship with any Card Issuer or merchant in connection therewith. You agree that Your use of Cards on Pezzy Mobile App will remain subject to the terms of any cardholder agreement(s) You may have with the relevant Card Issuer, and neither these T&C nor Your use of Pezzy Mobile App shall alter Your existing relationship with Card Issuers with respect to Your Cards.
      2. You agree that You will use Pezzy Mobile App in accordance with applicable law and will not use Pezzy Mobile App for any illegal or fraudulent purposes, or purposes that are prohibited by the General Terms and Conditions or these T&C. Pezzy MOBILE APP MAY NOT BE USED BY ANY PERSON OTHER THAN THE CARDHOLDER AUTHORIZED TO USE THE CARD PURSUANT TO THE CARDHOLDER AGREEMENT BETWEEN YOU AND THE CARD ISSUER THAT ISSUED YOUR CARD. Persons under the age of majority in their resident jurisdictions (each, a “Minor”) may not use Pezzy Mobile App unless their parent or legal guardian has reviewed and agreed to these T&C. If You are a parent or guardian permitting a Minor to use Pezzy Mobile App, You agree to: (i) exercise supervision over the Minor’s use of Pezzy Mobile App; (ii) assume all risks associated with the Minor’s use of Pezzy Mobile App, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the Minor’s use of Pezzy Mobile App, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor.
      3. From time-to-time Pezzy may offer features or services that may be subject to additional or different terms of service. You shall not use these additional features and services unless You agree to the applicable terms. Pezzy may also provide access to features or services that are identified as “beta,” “lite” or “pre- release.” You understand and agree that such services are still in development, may have bugs or errors, may be feature incomplete, may materially change prior to commercial launch, or may never be released commercially. Despite any other provisions of this T&C to the contrary, any use of or reliance on such beta features or services is done at Your own risk and is provided as is and without any warranty of any kind.
      4. Pezzy Mobile App and its features and functions may not always be available or error-free. Pezzy may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of Pezzy Mobile App, temporarily or permanently, including the availability of any portion of Pezzy Mobile App at any time with or without notice to You and You agree that Pezzy shall not be liable to You or to any third party as a result of taking any of these actions.
    5. SECURITY

      1. You must register a six-digit PIN to prevent others from accessing or using Pezzy Mobile App on Your device. You agree to keep Your PIN confidential at all times, and to change PIN after validating security questions or notify Pezzy immediately if Your Pezzy Mobile App PIN is stolen, becomes known to an unauthorized third party or is otherwise compromised.
    6. Grant of License and Restrictions

      1. Pezzy hereby grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use Pezzy Mobile App for Your personal use only, provided that You comply fully with this T&C. You acknowledge and agree that some of the functionalities or services offered by Pezzy Mobile App may be provided by Pezzy’s affiliates or subcontractors on behalf of Pezzy.
      2. The General terms and Conditions contained in this document apply mutatis mutandis to Your use of the Pezzy Mobile App7. Third Party Services.
        Other Pezzy T&Cs for other Services
        1. Investing on the app.
          Pezzy offers you a platform to invest in various organizations and ventures that are doing well. We go the extra mile to check the market and give you the best deals. You get to choose the place to invest in and how much to invest. However, Pezzy is not liable for any losses incurred in the market due to high inflation or any other causes. Plus, the percentage interests indicated show the volatility of the asset in the last 1 year and past performance does not indicate future performance.
        2. Money from the app
          Just like any other money saving app, Pezzy charges a fee to withdraw and send your money to M-pesa. The transaction cost is fixed for withdrawing any amount. To withdraw you borrow from your savings. The transaction fee is prone to change and the users will be notified of these changes and comply in order to continue using our services.
        3. Security and Protection
          Pezzy ensures that your privacy is highly upheld and that your financial records are not displayed to the public. You can be assured that your savings are safe and hidden from the public. We also strive to make our Services available without interruption. We ensure that you won’t use our services in any way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users. As stated, you are responsible for ensuring the safety of your passwords and Pezzy Card, protecting these valuables from getting into the wrong hand.
        4. Peer to Peer lending
          This feature on our app allows our users to borrow from each other at their preferred interest rates. The decision to borrow or lend a person from the app is solely yours and we are not liable for losses incurred. Accepting to lend money to an unknown user means you know the risks involved.
        5. Passive Saving Passive saving allows you to save as you spend.
          You get prompts to save on the app and you have the option to either decline or accept. The amount you are prompted to save is a percentage of the money spent and it goes to your goals and emergency fund. This feature needs to send messages to your phone and by accepting the terms and conditions you allow the app to do so.
        6. Availability and Termination of our services
          We may decide to discontinue some or all of our services at any point in time. Also, our services may be down or interrupted at one point of the other due to maintenance, repairs, upgrades or other technical issues. Violation of any our terms and services may lead to termination of your account with us. Our products may be unavailable at times, for example investment platforms or premium products.
        7. Third Party Services
          From time-to-time Pezzy partners with others (third party) to enhance your experience and offer you quality services. For example, you may want to deposit money to the app via M-pesa, PayPal or M-Pesa Manual. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
    7. DISCLAIMERS
      1. DISCLAIMER OF WARRANTIES. Pezzy MOBILE APP IS PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. Pezzy AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO Pezzy MOBILE APP AND/OR SERVICES MADE AVAILABLE VIA Pezzy MOBILE APP AND SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, Pezzy AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT:
        1. Pezzy MOBILE APP WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER;
        2. Pezzy MOBILE APP WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS;
        3. Pezzy MOBILE APP WILL BE SECURE AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR ANY INFORMATION YOU PROVIDE) ANY UNAUTHORIZED ACCESS; AND
        4. DEALS, OFFERS, COUPONS, LOYALTY PROGRAMS, MEMBERSHIP PROGRAMS AND OTHER Pezzy MOBILE APP SERVICES WILL BE AVAILABLE, ACCURATE, OR ERROR-FREE.
      2. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL Pezzy OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF Pezzy OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, EVEN IF Pezzy OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM Pezzy AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT Pezzy WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR Pezzy MOBILE APP.

    Pezzy ONLINE WEALTH MANAGEMENT SERVICE PRIVACY POLICY

  10. .
    1. PROCESSING OF PERSONAL DATA – GENERAL

      1. We will process your personal data to operate Pezzy Online Wealth Management Service. To this end, we may have to communicate to our partners your personal data to provide these services, excluding any other use (especially advertising activities). We will take all necessary actions to ensure the confidentiality, security and integrity of your personal data.
      2. From time to time we may advertise our own products and services, and those of other companies in the Pezzy group, through the Pezzy Online Wealth Management Service. If, in connection with other agreements with us, you have asked us not to send you any marketing material (or if you do so in the future), you agree that this restriction will not apply to these advertisements.
    2. Pezzy MOBILE APP PRIVACY POLICY
      1. This section of the Privacy Policy governs your use of the software application called Pezzy Mobile Application. (“Application”) on mobile devices. The Application was created by Pezzy Investments (“Pezzy”) and it allows you to enjoy Pezzy’s Wealth Management services from the comfort of your mobile device. The Application provides an easy channel that enables you to manage your account and conduct financial transactions in a simple and secured manner. The Application uniquely provides a unified mobile Wealth Management profile across the various markets which Pezzy operates in.
        The features available on the Application include the following:
        • Pezzy Account/wallet account opening
        • Goal setting and monitoring allocations
        • Passive and Active savings
        • Investment options
        • Borrowings
        • Account Statement Request
        • Net-wealth requests
      2. Customer Provided Information
        1. The Application retains the information you provide when you download and register the Application. Registration with us is mandatory in order to be able to use the basic features of the Application.
        2. When you register with us and use the Application, you generally provide
          1. Your name, email address, PIN and other registration information;
          2. Information you provide us when you contact us for help via our Pezzy webchat portal
          3. Information you enter into our system when using the Application, such as contact information.
        3. We may use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
      3. Automatically Collected Information
        In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID (IMEI), the IP address of your mobile device, your mobile operating system, your location data, camera, SMS, the type of mobile Internet browsers you use, and information about the way you use the Application.
      4. Access of Data by a Third Party
        Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement. We may disclose Customer provided and Automatically Collected Information: as required by law, such as to comply with a court order, or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a Government or a law enforcement agency’s request; to our trusted services providers who work on our behalf and who have reasonably agreed to adhere to the rules set forth in this privacy statement. if Pezzy is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
      5. Your Opt-Out Right
        You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace (App Store, Play Store). You may also request to opt-out via email, at info@Pezzy.com.
      6. Our Data Retention Policy, Managing Your Information
        We will retain Customer provided data for as long as you use the Application and for a reasonable time thereafter for historical, statistical and research purpose. We will retain Automatically Collected information for up to 5 years and thereafter may store it in aggregate indefinitely for historical, statistical and research purpose. We will ensure that our records that contain personal data are reasonably protected against access or use for unauthorized purposes. If you would like us to correct or delete Customer Provided Data that you have provided via the Application, please contact us at info@Pezzy.com and we will respond in a reasonable time. Please note that some or all of the Customer Provided Data may be required in order for the Application to function properly.
      7. Children
        We do not use the Application to knowingly solicit data from or market children under the required age for purposes of opening and/or operating a bank account in pg. 29 accordance with the local law and regulations of each country where Pezzy is present.
      8. Security
        We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

    DURATION, TERMINATION AND MODIFICATION OF THE Pezzy ONLINE WEALTH MANAGEMENT SERVICES

  11. .
    1. Duration, access denial and termination
      1. The duration of the subscription to Pezzy Online Wealth Management Services is indefinite. You are free to cancel the Pezzy Online Wealth Management Service at any time. We may terminate your use of the Service at any time but will give you at least one month notice unless there are serious circumstances (e.g. fraud investigation or where you seriously or repeatedly break your agreement with us) which in our reasonable opinion justify us ending your use of the Pezzy Online with less or no notice
      2. The closing of all the accounts and loans held or contracted by you with us entails ipso facto the immediate termination of your Subscription to Pezzy Online Wealth Management Services, without any further judicial recourse or formalities.
      3. We reserve the right to deny access to Pezzy Online Wealth Management Services by you:
        1. After three attempts to connect with wrong data;
        2. After an inoperative/dormant period exceeding three months;
        3. In case of unauthorized access, or where we suspect an unauthorized or fraudulent access to your profile;
        4. When you have died;
        5. For any security reasons.
      4. If necessary, we shall inform you accordingly, and indicate to you any action to be taken after the denial of access (termination or re-activation) within a reasonable time.
      5. Furthermore, we may terminate Pezzy Online Wealth Management Services in case of default by you, in particular and without limitations, in case of: – Nonpayment of subscription fees;
        1. Insufficient funds;
        2. Non-compliance with security measures and directives, especially with respect to the confidentiality of usernames and Security Codes;
        3. Requests for irregular transactions.
        4. Suspicion of money laundering or terrorism financing.
        5. Attachment of the account(s).
        6. Unreasonable or non-compliant use of the Pezzy message services.
        7. Termination of the operation of the Pezzy Online Wealth Management Services for any reason whatsoever and especially for security reasons.
      6. We will inform you of the effective date of the termination which may be immediate, and of any cause of the termination, except where some imperative security reason is an obstacle to the disclosure of the cause of the termination.
      7. The termination of subscription to Pezzy Online Wealth Management Services entails the immediate denial of access to you’re the Service and the definitive inaccessibility of all the information store therein.
    2. Modification
      1. These General Terms and Conditions including the Pezzy Mobile Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to this Agreement and the Privacy Policy by posting the new agreement including the Privacy Policy at Pezzy.com and informing you via email or text message. You are advised to consult this agreement and the Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of the agreement including the policy by visiting our website Pezzy.com.
      2. You may request for modifications on the Pezzy Online Wealth Management Services, in particular with respect to the list of accounts. These modifications shall take effect immediately after acceptance by us. In the event of their rejection, you shall be informed by e-mail.
      3. If we decide to change or end the Pezzy Online Wealth Management Service, we will try to give you 30 days’ notice or whatever shorter period of notice may be reasonable in the circumstances. You can end this agreement before the change takes effect. If you do not tell us that you want to end your subscription to the Service, then we will assume that you have accepted the change and it will take effect automatically.
  12. .
  13. THE VALIDITY OF THE TERMS OF THIS AGREEMENT

    1. If any or part of the terms of this agreement proves to be legally invalid or unenforceable in any way, this will not affect the validity of the remaining terms.
    2. We believe the terms of this agreement are fair. If any or part of them proves to be not legally valid because it is unfair or for any other reason, we are entitled to treat that term as changed in a way that makes it fair and valid. 17.3 If we relax any of the terms of this agreement once, this may be on a temporary basis or as a special case only. Such relaxation will not affect our right to enforce that term strictly at any other time.
  14. .
  15. COMMUNICATIONS BETWEEN US

    1. Except for situations where this agreement refers to, you’re giving us notice by telephone, you should give us any other formal notice in connection with the Pezzy Online Wealth Management Service in writing (in hard copy form) to any of our branches where you maintain an account (or any other address we may notify you from time to time for this purpose).
    2. Any complaints in connection with the Pezzy Online Wealth Management Service should be directed to: the in-app support WhatsApp chat (or any other address we may notify you of from time to time for this purpose).
    3. Electronic mail is not a completely reliable or secure method of communication and you must not use it for sending us:
      1. Notices in connection with the terms of this agreement; or
      2. Sensitive communications, such as payment instructions (payment instructions should be sent through the Pezzy Online Wealth Management Service in accordance with the terms of the relevant account which you hold with us).
    4. If we need to send you a notice, we will use the address you have given us most recently in connection with your account. We shall not be held liable whatsoever for any delays resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to Pezzy Online Wealth Management Service.
  16. .
  17. SERVICE QUALITY: RECORDING YOUR CALLS AND INSTRUCTIONS

    To protect both our customers and our staff, and to help resolve any disputes between you and us, you consent and acknowledge that:

    1. We will record all telephone conversations between us and customers of the Pezzy Online Wealth Management Service; and
    2. We will keep a record of all instructions given by customers via the Pezzy Online Wealth Management Service; and
    3. We may listen to telephone calls made in respect of the Pezzy Online Wealth Management Service in order to assess and improve the quality of the Service
  18. .
  19. GOVERNING LAW AND COMPETENT COURTS

    1. These general terms and conditions shall be governed by the laws in force in the country of the Pezzy affiliate where your account(s) is/are domiciled. Any dispute arising from the operation of the Pezzy Online Wealth Management Services shall be submitted to the competent courts in the concerned Country.
    2. YOUR CONSENT
    3. To the extent of the Privacy Policy of the Application, these general terms and conditions shall be governed by the Rwandan Law. By using the Pezzy Online Wealth Management Service, you are consenting to our processing of your information as set forth in this Agreement and particularly in the Privacy Policy section now and as amended by us. “Processing,” means using cookies on a hand-held device or website or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in Rwanda. If you reside outside Rwanda your information will be transferred, processed and stored there under Rwanda privacy standards.

      Signed _________________________________________ Date 5th November 2024.