INTRODUCTION

Peleza operates a site platform that facilitates background screening an checks (the “Services”)
through a vast array of user-friendly software and APIs. These Terms of Use (the “Terms”), together with any and all specific terms and conditions for each of our products and solutions (“Services”), as amended from time to time, governs your use of the Services in the website and platforms, except to the extent such Services are subject to a separate agreement.

Please read these terms carefully to ensure that you understand each provision. by downloading, registering an account, signing into, accessing, browsing, or otherwise using the platform whether as a guest or registered user, or otherwise accepting these terms, you are signifying that you have read and understood the terms, and agree to be bound by these terms, all guidelines, our privacy policy and any and all future modifications to these terms.

If you agree to these Terms as an individual, you must be at least 18 years old and otherwise of legal age to form a binding contract. If you do noy qualify, you are not permitted to use this website or platform. If you are acting on behalf of an institution, business, organization, agency or other entity
(an “Organization”), you will be responsible for ensuring that: (i) you have authority to bind that Organization to these Terms, and your agreement to these Terms will be treated as the agreement of the Organization; and (ii) any individual or entity to whom you provide access to the Service is made
aware of and complies with these Terms. “You” or “your” means you personally (i.e., the individual who reads and agrees to be bound by these terms), and, if you access any platforms of behalf of an Organization the same shall refer to that Organization. You agree to these Terms if you sign them electronically. You sign this agreement electronically by clicking any button or any box associated with words that say you accept or agree to this agreement. You also sign this agreement electronically by taking any other action that shows your intent to sign this agreement. You also agree to this agreement if you electronically or manually sign a separate document that says you agree to this agreement.

Despite the use of any other terminology, your signing this agreement is your offer to us, not your acceptance of an offer from us

1. GENERAL SERVICE TERMS

1.1. You will ensure that all information you provide to us via any of the Peleza websites or platforms (e.g., information provided in connection with your registration for the Services, community group, etc.) is accurate, complete, and not misleading.

1.2. In processing the personal data of third parties supplied by you in relation to your use of the Service, you bear the responsibility of obtaining necessary consents for processing such data and providing legally adequate privacy notices to such third parties. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing and storing the information exchanged between us under the Services in relation to these third parties. Peleza may request that you provide proof of necessary data processing consents obtained from the third-parties. Peleza reserves the right to disclose any personal information to fulfil its legal obligations under any contracts or where the disclosure of such personal information is necessary to comply with other legal obligations.

1.3. You are responsible for the maintenance of licenses and adhering to the license terms for any software you run in relation to your use of the Services. If we reasonably believe that any of the information supplied to us violates the law, infringes or misappropriates the rights of a third party, or otherwise violates a material provision of the Term (“Prohibited Content”), we will notify you of the Prohibited Content and may, within 2 days of such notice, remove or discontinue the use of such Content in the provision of the Services. Where we deem it necessary in our sole discretion, we may without notice to you, remove such Prohibited Content and/or suspend your access to our Services where we believe such Prohibited Content may disrupt or threaten the Services, or in accordance with applicable law or any judicial, regulatory or governmental order or request. In the event that we remove the Prohibited Content without prior notice, we will provide prompt notice to you unless prohibited by law.

1.4. You may be required to provide all information or documentation related to you and your Organization which may be reasonably requested by us to verify your compliance with the Terms. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to the information supplied by you or any end-user materials which you control.

1.5. You may not transfer outside the Services any software or documentation you obtain from us in connection with the Services without our specific written authorization to do so.

2. MODIFICATIONS
2.1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

2.2. Your continued use of the Website and other Platforms governed by these Terms following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they
are binding on you.

3. DATA PROTECTION
3.1. We shall ensure that every information you share with us is processed and stored in line with the provisions of the relevant data protection laws which includes the Kenyan Data Protection Act 2019 and any other applicable data protection laws in the prevailing circumstances.

3.2. All modifications are effective immediately we upload them. We therefore, advise that you review these Terms prior to using our Services. You are free to decide whether or not to accept a revised version of these Terms, you are however, required to accept the updated Terms to accessing or us in the Platform. If you do not agree to these Terms or any updated version of these Terms, your sole recourse is to terminate your access or use of the Services.

3.3. Except as otherwise expressly stated by us, your access and use of the Platform are subject to and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

3.4. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

4. PAYMENT AND FEES
4.1. Our fees and charges for the use of the Service shall be contained in the Fee Schedule. We may in our absolute discretion review these fees and charges and shall notify you at least one (1) month prior to such reviews becoming effective. You may not be able to access any or all of our Services if the amount in your wallet is insufficient to fund the Service requested. Please note that you are not entitled to a refund of any amount paid by you after subscribing to or funding your wallet for any of our Services.

4.2. We reserve the absolute right, without prior notice to you, to suspend your access to the Service where the amount in your wallet is not sufficient to pay for the Service.

4.3. Please note that we are under no obligation to refund any funds left in your Wallet should you choose to terminate these Terms. You shall endeavor to exhaust the funds contained in your Wallet.

5. INDEMNITY
You agree to indemnify Peleza and each of its respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a)
your breach of any of these Terms of Use; (b) the use of your account; (c) your access to or use of this website or any platform that may be provided by Peleza from time to time; (d) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (e) your violation of any law or regulation including data protection laws.

6. LIMITATION OF LIABILITY

6.1. You acknowledge that we do not, and cannot guarantee or warrant the correctness, completeness, accuracy and/or fitness for purpose of any information in any report which we may issue further to the performance of the Services under these Terms, as such information usually is not the product of an independent investigation by us but an aggregation of data collected by licensed partners with whom we maintain a connection with. You also
acknowledge and agree that there is a possibility that such information will contain errors and/or, omissions due to various factors including challenges and/or negligence of the third parties providing data to us. You undertake that you shall therefore rely on the information at your sole risk and that we shall not be liable to you for any loss or injury arising out of or caused, in whole or in part from the use of the information, except for acts of negligence by us in compiling, collecting, reporting, communicating and/or delivering the information.

6.2. If you are not satisfied with the Services, you may reach out to any of our customer service agents or send an email to [bd@peleza.com] to lay your complaints. We shall employ our best effort to see that your complaints are resolved. In the unlikely event that we are unable to resolve your complaints, or you remain dissatisfied with our services, you may terminate these Terms in accordance with Clause 7 of these Terms.

7. TERMINATION
7.1. No fault termination: These terms will subsist while you continue to use the Service, provided that you pay the prescribed fees when due, unless either of us terminates these Terms by giving a 30-days’ notice to the other before the end of the relevant payment period.

7.2. You are in breach if you;
1. breach any of these Terms (including without limitations, by non-payment of any fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
2. breach any of these Terms and the breach is not capable of being remedied (which includes without limitation, non-payment of any fees that are more than 30 days overdue);
or
3. you or your business becomes insolvent, or your business goes into liquidation or has a receiver or manager appointed of any of its assets, or if you become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction,

Peleza may take any or all of the following actions, at its sole discretion:
1. terminate these Terms or your use of the Services and any of our platforms;
2. suspend for any definite or indefinite period of time, your use of the Services and the website;
3. suspend access to all or any data.

7.3. Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms by Peleza, you will immediately cease to use the Services.

8. CONFIDENTIALITY
8.1. Unless the recipient of a confidential information has the prior written consent of the disclosing party or unless required to do so by law, the recipient shall preserve the confidentiality of all Confidential Information of the disclosing obtained in connection with these Terms and the Services. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to a third party or use same for its own benefit, other than as contemplated by these Terms.

8.2. Our (You and Peleza) obligation of confidentiality under this clause shall continue and survive the termination of these Terms.

8.3. The provisions of this clause shall not apply to information which is:
1. is or becomes public knowledge other than by breach of this clause;
2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
4. is independently developed without access to the Confidential Information.

8.4. For the purposes of this clause, “Confidential Information” means all information relating to the disclosing party which is obtained, whether in writing, pictorially, in machine readable form or orally or by observation in connection with these Terms, including but without limitation,
APIs, source codes, financial information, know-how, processes, ideas, intellectual property (irrespective of its registration or patentability status), schematics, trade secrets, technology, customer list (potential or actual) and other customer-related information, sales statistics, market, market intelligence, marketing and other business strategies and other commercial information of a secret, proprietary or confidential nature.

9. PRIVACY
Peleza takes your privacy seriously. You have the right to know what we do with your personal information so you can make informed decisions while subscribing to our Services. We maintain a privacy policy that sets out our collective obligations in respect of information shared between
us. You should read that policy here and you will be taken to have accepted the privacy policy when you accept these Terms.

10. INTELLECTUAL PROPERTY
10.1. General:
1. Title to, and all Intellectual Property Rights in the Services, the website and any documentation relating to the Services shall remain the property of Peleza (or its licensors).
2. For the purpose of these Terms, “Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world, whether or not registered.

10.2. Ownership of data:
Title to, and all Intellectual Property Rights in, the information you share with us remain your property. However, your access to your information with us is contingent upon full payment of the fees when due. You grant Peleza a license to use, copy, transmit, store, and back-up any
information which you share with us for the purpose of enabling you access and use the Services, and for any other purpose related to the provision of the Services to you.

10.3. Security and Backup of data:
1. We care about the integrity and security of your information. Peleza adheres to best practice policies and procedures to prevent data loss, unauthorized access, use, alteration, or disclosure. However, you acknowledge and agree that despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be 100% secure and that unauthorized third parties will never be able to defeat those measures or use your User Information for improper purposes. You also acknowledge that you are under no obligation to use the Services, and that you provide any personal or sensitive information in order to use the Services at your own risk.

2. Notwithstanding anything in these Terms, Peleza expressly excludes liability for any loss of data no matter how caused.

11. INFORMATION ABOUT US
The Website contains information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information. Information about companies other than ours contained on the Website, should not be relied upon as being provided or endorsed by us.

12. HELP DESK
12.1.Technical Problems: In the case of technical problems, you must take all reasonable efforts to investigate and diagnose problems before contacting Peleza. If you still need technical help, please check the support provided by Peleza on the website or send us an email at [support@peleza.com]

12.2.Service Availability: While Peleza intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or website may be unavailable to permit maintenance or other development activity to take place. If for any reason Peleza has to interrupt the Services for longer periods than Peleza would normally expect, Peleza will use reasonable endeavours to publish in advance, details of such activity on the website.

13. GENERAL
13.1. Governing Law: These Terms are made under and will be governed by and construed in accordance with the laws of the Republic of Kenya, without giving effect to any principle(s) that provide for the application of the law of another jurisdiction.

13.2.No Waiver: The failure of Peleza to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.3.Severability: If any provisions of the Terms are found by a Court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the legality, enforceability or validity of the remaining provisions which shall remain in full force and effect.

13.4.Assignment: Peleza expressly reserves the right to assign, delegate and transfer these Terms and its rights and obligations under these Terms in part or as a whole and including without limitation, to a subsidiary, affiliate, successor or any third-party whatsoever without your consent. You shall not transfer, assign or delegate these Terms, or your rights, obligations and User Account in any manner whatsoever under these Terms, to any person or entity without
our prior written approval.

13.5. Entire Agreement: These Terms together with our Privacy Policy, and any other legal notices published by us, shall constitute the entire agreement between us and you with respect to the Website, the content, products or Services provided by us or through the Website. You hereby acknowledge and agree that you are not an employee, agent, or partner of Peleza, and you do not have any authority of any kind to bind Peleza in any respect whatsoever.

13.6. Additional Terms: In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website, including, but not limited to, terms and conditions for our referral or rewards programs (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms shall prevail.

13.7. Force Majeure Event: If a force majeure event gives rise to a failure of delay in either party performing any obligation under these Terms (other than any obligation to make payment), that obligation will be suspended for the duration of the force majeure event. A party that becomes aware of a force majeure event which gives rise to, or which is likely to give rise to,any failure or delay in that party performing any obligation under these Terms, must promptly
notify the other, and inform the other of the period for which it is estimated that such failure or delay will continue. A party whose performance of its obligations under these Terms is affected by a force majeure must take reasonable steps to mitigate the effects of the force majeure event.

14. CONTACT US

You may contact our data privacy team via the following email address: info@peleza.com Last updated: This Privacy Policy was last updated in August, 2023