Terms Of Use

This term of use (the “terms” or “terms and conditions”) established by Peko Payment Services L.L.C. (the “Company” or “Peko” or “we” or “our”) shall be read by the user (the “user” or “you” or “he” or “his” or “customer”) with the Privacy Policy, Cookie Policy and related documentation forming part of aforementioned documents or any standalone policy or document posted on our website.  Further, you are requested to read and understand these terms, carefully, before registering on, accessing, browsing, downloading, or using our website www.peko.one or our mobile application (the “app”).

These terms stated herein are governed by the United Arab Emirates laws: Federal Decree Law 45 of 2021 on Personal Data Protection, its executive regulation and all other applicable laws in force or as amended from time to time. The user can opt for our services through the Peko platform (the “Peko platform”), only when he accepts to abide by all the Terms and Conditions herein contained.

The tenure of this terms and conditions shall be valid for as long as 5 years after termination of Peko contractual relationship with you. This terms and conditions is in electronic form and you agree to accept the terms in the electronic form.  Reference to masculine shall include the feminine and third gender. This policy is applicable to everyone including the individuals and entities/non-individuals such as business either sole proprietorship or corporate business having separate legal entity. All headings and bold typing have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.

We may amend the terms and conditions at any time by posting an updated version at Peko website and Peko App. The updated version of the Terms of Service shall take effect immediately upon posting and it shall be your responsibility to review these Terms of Use. Continued use of Peko platform by you, shall mean deemed acceptance of our revised terms and related policies including but not limited to privacy policy, cookie policy and related policies or documentation forming part of the aforementioned documents or standalone policy stated on our website.

  1. DEFINITION
  1. “Peko Entities” – shall mean group, affiliates, associates, and subsidiaries of Peko.
  1. “Peko Services” – shall include all services extended / to be extended by Peko and Peko entity as a group including but not limited to providing unified platform for recharges, gift cards, utility payments and other services provided by the service providers under Peko platform.
  1. “Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by Peko or to provide the intended Services to you through Peko Platform.
  1. “Business Partners” – Shall refer to any individual, group of individuals defined under law with whom Peko or Peko entities have a contractual relationship and not limited to merchants, advertisers, deal partners, financial institutions, switch interface partners.
  1. “Participating Platforms / Merchant Partners” – Websites and Platforms that accepts permitted Peko Services to make a payment against products or services offered by such platforms.
  1. DECLARATION
  1. You declare that:
  1. you are not minor i.e. you are 18 years old or older;
  2. you are not a person of unsound mind;
  3. you are not prohibited by any law or judgements of the court from entering into legal contractual arrangements;
  4. you have not misrepresented or forged any information shared with Peko either orally or in writing through documents namely KYC and other related documents;
  1. You acknowledge that the false declaration from you can lead to termination of our services and you agree to compensate Peko in case of any loss including the consequential loss caused to Peko due to your sole default or acts which causes an reputational, financial, legal issue to Peko.

OUR SERVICES

  1. On signing up, you shall create Peko Account with us and this account shall allow you to access Peko Platform, browse through the Peko Services, make payment using debit card, credit cards or net banking collectively known as (‘Payment Gateway Services’) to permissible merchants on Peko Platform or on Participating Platforms. You accept that Peko has no responsibility for the data leakage caused by the third party.
  1. Once you create Peko account, we shall provide you with wide range of services under one platform including but not limited to recharge & bill Payment facility, gift cards, legal assistance, audit services, and other financial and non-financial services.
  1. Peko shall provide you a single dashboard featuring real time payment and expense tracking under one platform and you confirm to adhere to the user terms stated herein and act in compliance.
  1. Peko shall provide you a compiled solution to your bill payments including but not limited to:
  2. electricity bills,
  3. mobile bills,
  4. landline bils, and
  5. broadband payments.
  6. Further, Peko shall also has a dedicated section to serve you for your travel needs wherein you can :
  7. Book tickets,
  8. book hotels, and
  9. get multi-currency travel cards.
  1. Visa or MasterCard debit and credit cards in AED will be accepted for payment.
  1. For Peko, user satisfaction is of utmost importance and to keep you happy with all your business needs, we have multiple options for quick payment cycle and for expense management.
  1. We have reward program wherein you shall be provided with a cashback or gifts as per your eligibility criteria as defined under clause 6.c.
  1. You confirm to keep your account, Know Your Customer (KYC) details and contact information updated at all times.
  1. We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.

 YOUR OBLIGATIONS

  1. You agree that to avail Peko Services, you need a mobile, internet or other supported device that meets the compatibility requirements of accessing Peko app and Peko website and that you shall use your own device when accessing the Peko platform. The device used while signing up shall be your registered device as per our records.
  1. You also agree that your mobile device or other services that you avail from third party to access Peko Platform, may incur charges to you and you shall be solely responsible for such charges, terms of use, fees and the liability which may incur to you as per your agreement with the third party Peko shall in no way held responsible for your agreement with third parties.
  1. You understand that in order to provide services, Peko shall incur costs with respect to operation and maintenance of infrastructure and facilitation of payments. You thereby agree that Peko may charge you a fee displayed upfront to you on the platform and those transactions shall take place only after you approve/accept such charges.
  1. You agree to inform Peko immediately of any unauthorised use of Peko account or loss of mobile which may lead to unauthorised use of your account.
  1. You agree that when accessing our services in case of payments, we act only as an intermediary between you and our merchant partners and we are not a party to the contract. Also, Peko and the bank dealing with the specific transaction shall not be responsible for deficiency of any product or services purchased through its platform. You agree that any complaints related to the merchant services shall be directed to the merchant directly.
  1. You agree that in case of any amount been transferred erroneously to the merchant partners, Peko shall not be liable to refund such amount to you under any circumstances.
  1. If we understand that any information provided by you is incorrect or fraudulent, we shall terminate your access to Peko Platform until further notice to comply with the applicable law of United Arab Emirates.
  1. Accessing Peko platform using other means shall be treated as illegal. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you which may incur criminal or civil liability.
  1. You agree that in the event of any dispute, records maintained by Peko shall be binding as the conclusive evidence of the transactions carried out through use of Peko Services. You further agree that Peko shall send communication by SMS and/or email and they shall be deemed to have been received by you.
  1. You agree to receive commercial messages from Peko/ Merchant and that you shall use the Peko Services in good faith and in compliance with all applicable laws and regulations.
  1. You agree that you would be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a Merchant or otherwise arising from online transactions.
  1. You agree to retain a copy of transaction records and Merchant policies and rules.
  1. You agree to be responsible for maintaining the confidentiality of your account.
  2. THIRD-PARTY TERMS AND CONDITIONS

 You are aware that Peko provides third party services via Peko Platform to you and you understand that we do not own those services and you may need to accept their respective terms and conditions when entering into any transactions with them and may also have to share additional information in order to use services provided by third parties on Peko Platform.  Peko does not hold any liability and you agree to hold Peko harmless of any information collected by you on third party website or application and that Peko shall not indemnify you for your actions with third party.

  1. OFFERS
  1. Peko may run offers on Peko platform from time to time and accessing our services post signing up shall be considered as deemed acceptance of invitation towards Peko offers.   However, acceptance of invitation does not mean participating in an offer and participation shall be totally subject to your agreement.
  1. You also understand that the offers might be provided by third parties on Peko Platforms and you may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user.
  1. You also agree that Peko reserves the right to disqualify you from any offer in case you do not meet the eligibility criteria for such an offer and such eligibility criteria shall be decided by Peko from time to time.
  1. INTELLECTUAL PROPERTY RIGHTS

 

  1. The platform content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Peko, subject to copyright and other intellectual property rights under the United Arab Emirates law and international conventions. Such Peko platform content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of Peko. The user also expressly agrees, undertakes and consents to use of its trade mark, service mark and logo on Peko website/app.
  1. All material on this Peko website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Peko under this agreement or any other agreement between Peko and merchant partners.
  1. TERMINATION
  1. Peko shall without any liability to itself, terminate the  contract at convenience without prior notice and restrict your access to Peko app and website if it is proved that you have violated the terms stated herein.
  1. You agree that in case of loss (including consequential loss) suffered to Peko due to your violation or illegal acts, we can take legal actions not limited to injunctive relief or as deemed necessary within the said circumstances.
  1. LIMITATION OF LIABILITY
  1. User agrees that the entire risk arising from accessing the Peko platform remains with him. Neither party nor the bank involved in any transaction shall be responsible for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or in connection with these terms, as a result of his use of the Peko platform or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Peko has been informed of the possibility of such damage.
  1. Except for Peko’s obligations to make payments through the settlement account, in no event will Peko’s  aggregate liability arising out of or in connection with these term shall exceed AED 500 or the amount paid by the user for availing Peko platform, whichever is lesser.

INDEMNIFICATION

You agree indemnify and hold harmless, Peko, its owner, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this terms.

FORCE MAJEURE

A Force Majeure Event shall mean any event that is beyond the reasonable control of the Peko and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding Peko from performing its respective obligations under the contract.

DISPUTE, GOVERNING LAW & JURISDICTION

 This Agreement and the rights and obligations thereunder and the relations of the parties arising under or in connection with this terms, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the United Arab Emirates. Subject to and without prejudice to the amicable settlement, the courts in Dubai shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Peko Services.  Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to Peko Services.

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For Peko Payments Services LLC 

Dated 26/04/2023