Any dispute claim or controversy of any kind arising out of or relating to this agreement or the breach thereof shall be settled exclusively by arbitration administered by the in the Arbitration Association in the country where it occurred. And in accordance with its Commercial Arbitration Rules in the given country. You should review this arbitration provision carefully. This provision limits your and Peter Deng Express, Ltd's ability to litigate claims in court and you and Peter Deng Express, Ltd each agree to waive our respective rights to a jury. Any arbitration under this provision shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and us. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this arbitration provision.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute ("Notice"). Any Notice to Peter Deng Express, Ltd should be addressed to PO BOX 864 Burlington, VT 05402 or Peter Deng Express, Ltd Juba Konyokonyo, Near Bor Park, South Sudan. Any Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If you and Peter Deng Express, Ltd do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
You and we agree, upon written demand made by you or us, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this Agreement, money transfer services, or the benefits provided by them.
The arbitration tribunal shall consist of a single arbitrator mutually agreed upon by the parties, or in the absence of such agreement within thirty (30) days from the first referral of the dispute to Arbitration Association in the country we operate. The arbitrator shall be an active member in good standing of the bar for any state in U.S., South Sudan, Kenya and Uganda and the rest of the East Africa countries.
Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within 6 months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
No waiver of these terms of use by Peter Deng Express, Ltd shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Peter Deng Express, Ltd to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.
If any provision of these terms of use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms of use will continue in full force and effect.
The terms of use, our privacy policy, and your receipt for any money transfer transactions constitute the sole and entire agreement between you and Peter Deng Express, Ltd with respect to the website and your effecting money transfer transactions through the website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.
We may revise and update these terms of use from time to time in our sole discretion by posting a revised version on our website. Except as otherwise required by law, the revised version will be effective at the time we post it. You are expected to check this website from time to time to take notice of any changes we made, as they are binding on you.