1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a PATA account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. PATA may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that PATA will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. PATA cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of PATA will result in an immediate termination of your services.
2. Account Activation
2.1 PATA Account
Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Nairobi and the laws of Kenya applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Nairobi with respect to any dispute or claim arising out of or in connection with the Terms of Service.
You acknowledge and agree that PATA may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on PATA ’s website, available at https://www.pata.africa and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to PATA ’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the PATA service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Kenya and the Province of Nairobi. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PATA .
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use PATA or PATA trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to info@PATA .com.
You understand that your Materials (not including credit card or other personal information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. PATA and its employees will never as you for any credit card information or any personal information that can be used to cause you social or monetary harm.
The Services allow you to send communications to your customers by in-app messaging as well as allows you to post your direct contact information so that other users can contact you.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and PATA ’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.pata.africa will prevail.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. PATA shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without PATA ’s prior written consent, to be given or withheld in PATA ’s sole discretion.
4. PATA Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any PATA customer, PATA employee, member, or officer will result in immediate Account termination.
PATA does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that PATA employees and contractors may also be PATA customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the phone number on file, etc.
PATA retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, PATA reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
You expressly understand and agree that PATA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall PATA or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, PATA partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
PATA does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
PATA does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
PATA does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of PATA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and PATA and govern your use of the Service, superseding any prior agreements between you and PATA (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the PATA service. All Materials you upload remains yours. You can remove your PATA store at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow PATA to store, and in the case of Materials you post publicly, display, your Materials; and (c) that PATA can, at any time, review all the Materials submitted to its Service, although PATA is not obligated to do so.
You retain ownership over all Materials that you upload to a PATA store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
PATA shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
8. Payment of Fees
You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your store when using all payment providers other than PATA Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as PATA Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. PATA will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and PATA will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Kenyan Shillings, and all payments shall be in Kenyan currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at PATA ’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your PATA administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, PATA reserves the right to terminate your Account.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of PATA ’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to PATA of your exemption. If you are not charged Taxes by PATA , you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
You must maintain your current location in the administration menu of your PATA store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
PATA does not provide refunds..
9. Cancellation and Termination
You may cancel your Account at any time by emailing info@PATA .com then following the specific instructions indicated to you in PATA ’s response.
Upon termination of the Services by either party for any reason:
PATA will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to PATA for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your store website will be taken offline.
If you purchased a domain name through PATA , upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the PATA Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, PATA may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from PATA . Such notice may be provided at any time by posting the changes to the PATA Site (PATA .com) or the administration menu of your PATA store via an announcement.
PATA reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
PATA shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
11. Beta Services
From time to time, PATA may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which PATA will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered PATA Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without PATA ’s prior written consent. PATA makes no representations or warranties that the Beta Services will function. PATA may discontinue the Beta Services at any time in its sole discretion. PATA will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. PATA may change or not release a final or commercial version of a Beta Service in our sole discretion.
12. Feedback and Reviews
PATA welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to PATA be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to PATA (whether submitted directly to PATA or posted on any PATA hosted forum or page), you waive any and all rights in the Feedback and that PATA is free to implement and use the Feedback if desired, as provided by you or as modified by PATA , without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to PATA must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. PATA reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
13. Digital Millennium Copyright Act Notice and Takedown Procedure
PATA supports the protection of intellectual property and asks PATA merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to PATA ’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
WHICH MEANS - PATA respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send PATA a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
14. PATA Confidential Information
During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“PATA Confidential Information”). You agree that: (a) PATA Confidential Information will remain PATA ’s exclusive property; (b) you will use PATA Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose PATA Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the PATA Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the PATA Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.
15. Privacy & Data Protection