PAN AFRICAN COIN (PAC) EXCHANGE USER SERVICE AGREEMENT

PREAMBLE.

Terms of User

 

PAN AFRICAN COIN (PAC) EXCHANGE USER SERVICE AGREEMENT

PREAMBLE

PAC Exchange is a product of Afro-Made Onsoko Ltd a company established under the laws of Kenya.

When the user uses the services provided by the platform, s/he shall comply with the terms and the provisions of the PAC. The contract includes an agreement between the platform/PAC and the user and unless otherwise agreed all other information provided by the platform are not binding on the PAC and users and that the operation guideline are only for guidance and do not constitute a legal contract between the Two Parties.

By accessing the platform information and using the services provided by Afro-Made Onsoko Ltd, the assumption is that the user has read and understood the terms and unconditionally agrees to be bound by the Terms. The Afro-Made Onsoko Ltd may review the terms at any time without notice. The user agree that the pltform has the right to modify, change or delete the terms without notifying you, and agree that any modified terms are binding on you. You confirm that it is your responsibility to ordinarily check whether there are any changes to terms of this Agreement and that if you continue to use the services provided by the platform and the Afro-Made Onsoko Ltd, routinely after any changes to the terms are published, you shall accept any such changes.

The patent of the platform and all text, graphics, pictures, software and any other materials on the platform shall be owned by the Afro-Made Onsoko Ltd including all other intellectual property rights related to materials and services of the platform. The materials on this platform shall not only be used for personal purposes but also for commercial purposes.

You can display the excerpt from the platform on a computer screen or print it for the above purpose, but you must retain any copyright and other proprietary notices on the original printed or downloaded content or any trademark or logo of the Afro-Made Onsoko Ltd shall not make any changes, additions or deletions. Except as expressly provided in the terms, no material on the platform may be changed, amended, copied, distributed or used in any other commercial environment without the prior written consent of the Afro-Made Onsoko Ltd

Under no circumstances, should you acquire any rights related to the platform or any rights related to the platform or claim to own the platform or any rights related to the platform except as provided herein.

 DEFINITIONS

In this Agreement, unless otherwise agreed in the Terms under this Agreement, the following words or expressions shall have the following meanings:

“Agreement”: Refers to the clauses and conditions of use in the Terms.

PAC: Refers to product of Afro-Made Onsoko Ltd a company established under the laws of Kenya.

“Data”: Refers to any data that you enter into the platform

“Intellectual Property”: Refers to design rights, patents, copyrights, database rights, data protection rights, trademarks, service marks, moral rights, special technologies and any other intellectual or industrial property rights registered or unregistered anywhere in the world.

“VIP”: Refers to any currently registered user of PAC.

“Service”: Refers to all services provided through the platform of PAC that may change or update from time to time).

 1. Accessibility

1.1  You shall ensure that all user names and passwords required to access the platform are secure and privilege. If you have unauthorized usage of your password or any other violation of security regulations, you shall immediately notify Afro-Made Onsoko Ltd who will reset your password for you;

1.2  When accessing and using services:

a)  You shall not attempt to destroy the security or integrity of the platform calculating system or network, or, if it is a service hosted by a third party, you shall not destroy the security or integrity of the third party’s calculating system and network;

b)  The usage of the Service shall not impair the functionality of the service or system, or functionality of other systems used to transmit the Service, or impair the ability of any other user to use the Service or platform, or abuse the Service in the above manner;

c)  You shall not attempt to gain unauthorized access to the computer system hosting of this platform, or to have unauthorized access to any materials other than those expressly authorized for access;

d)  You shall not transmit or enter any documents to the platform that may damage any others’ computing equipment or software; offensive content; or materials or data that violate any law (including data or other materials protected by copyright or trade secrets that you shall not have the right to use);

e)  You shall not endeavor to modify, copy, adapt, duplicate, disassemble, decompile or reverse engineering any computer program used to provide services or operate the Webpage, except those necessary for normal operation;

f)  All user names and passwords required to access the platform shall be ensured to be secure and confidential; If you have unauthorized usage of your password or any other violation of security regulations, you shall immediately notify Afro-Made Onsoko Ltd, who will reset your password for you;

1.3  The usage of services may be limited, including but not limited to the amount of transactions allowed and the number of calls to the platform  application interface. We will notify you of any such restrictions.

1.4  Afro-Made Onsoko Ltd reserves the right to verify your identity at any time in order to comply with relevant legal requirements.

1.5  We will impose certain transaction restriction before you are required to conduct customer due diligence. You agree to cooperate with us in this process and provide all documents/information required by us to verify your identity and the purpose of your business relationship.

1.7  When we suspect or have reason to believe that you have been involved in suspicious transactions or other activities or violate any of the above guarantees, we can freeze any account of you. This may reverse the cancellation of any transactions you have already entered into. We expressly disclaim any liability for any loss or any gain from the withdrawal of the order and closed the position ahead of schedule or your inability of transaction on the platform. You agree to compensate us in full for any third party lawsuits caused by your actions or our early withdrawal of the order and closed the position. During the period when your account is frozen, we will conduct an investigation and may ask you to cooperate with our investigation. During the investigation, you cannot deposit or withdraw money from your account, nor can you conduct transactions. At the end of the investigation, we can decide to close your account at our own discretion without giving reasons.

1.8  We reserve the right to close your account at our discretion after giving a seven working days’ notice within which you should withdraw the order and close the position. Failure to do so will force us to initiate the withdrawal of the order and closed the position and return the remaining digital currency in your account to you.

1.9  It is your responsibility to provide us with the correct details, including your withdrawal address. We are not responsible for the fact that you have not received the withdrawn digital currency because the information you provided is inaccurate or expired. You shall also be responsible for ensuring that transactions sent to Afro-Made Onsoko Ltd are properly formatted and priced in the correct currency. Afro-Made Onsoko Ltd is not responsible for any inaccurate transactions, including but not limited to Litecoin sent to Bitcoin addresses.

1.10  We have the responsibility to maintain a good market order hence the discretion to suspend transactions on the platform when the market is disturbed or other related external events occur. We are not responsible for any claimed loss or loss of profits caused by our suspension of transactions.

1.11  In order to protect the rights and interests of Investors, the Platform has the right to carry out early delivery and settlement of contracts under special circumstances (such as system failures, network failures, extreme market conditions, etc.); the types of contracts eligible for such early delivery and settlement, the terms of such contracts as well as the prices of such early delivery and settlement shall be subject to those announced by the Platform.

 2. Intellectual Property

2.1  All intellectual property rights related to all materials used on the on the platform, including but not limited to design, structure, layout, graphic images and basic source code, are owned by Afro-Made Onsoko Ltd which reserves the all  rights.

2.2  You confirm that all intellectual property rights of Afro-Made Onsoko Ltd and the platform shall always be owned by Afro-Made Onsoko Ltd unless otherwise agreed in writing by both parties.

2.3  Submitting content to any public area of the platform, including blogs, message boards and forums, means that you have granted Afro-Made Onsoko Ltd  exclusive rights and permissions to use, copy, modify, adapt, publish, translate, distribute, publicity, execute, display the content or create derivatives thereof, and to incorporate the content into other works in any form, media or technology currently known or later developed, for the entire duration of any rights contained in such content. You also allow any subscriber to access, display, browse, store and copy such content for personal purposes.

2.4 Submitting any content to the platform, means that you guarantee to have the right to own the content and all necessary intellectual property rights of the content.

3. Privacy

3.1  Afro-Made Onsoko Ltd respects the Users’ privacy. The privacy policy of the platform is provided separately and describes how the Afro-Made Onsoko Ltd collects, stores, discloses and uses information related to your privacy. You agree that Afro-Made Onsoko Ltd play garbage will use your information in accordance with the terms of privacy policy on the platform.

3.2  Platform user information refers to information that complies with laws, regulations and relevant regulations and meets the following scope:

a)  Personal information provided to the Afro-Made Onsoko Ltd when the user registers on the platform;

b)  When the user uses the platform Service, participates in platform activities or visits the platform, the PAC Exchange automatically receives and records user browser or mobile terminal data, including but not limited to IP address, information in platform cookies and Platform records accessed under the requirement from the user;

c)  Personal information of the user legally obtained by the platform from business partners;

d)  Other personal information of the user legally obtained through legal channels.

3.3  Afro-Made Onsoko Ltd is committed to the following:

a) Afro-Made Onsoko Ltd shall not disclose password, name, mobile phone number and other non-public information of the user to any third party without legal reasons or the user’s prior consent.

b)  Under the following legal circumstances, the personal information of the user will be partially or completely disclosed:

i  to the user or any other third party with the permission of the user;

ii  According to laws, regulations and other relevant regulations, or the requirements of administrative organizations, disclosed to administrative, judicial organizations or any other third party stipulated by laws;

iii  Other disclosures by Afro-Made Onsoko Ltd in accordance with laws, regulations and other relevant regulations.

 4. Protection of Data

4.1  Afro-Made Onsoko Ltd can store your relevant information in a database for internal use only. Afro-Made Onsoko Ltd will not disclose your information to any third party, except as required by law and your specific opposite direction.

 5. Third Party platform

5.1  Afro-Made Onsoko Ltd provides third-party links that are not affiliated or associated with the platform. Afro-Made Onsoko Ltd can send you email messages containing advertisements or promotions including third-party links. Afro-Made Onsoko Ltd makes no statement regarding the quality, suitability, functionality or legality of the materials on the linked third-party platform or any goods and services provided on these platform. These materials are only provided for your interest and convenience. Afro-Made Onsoko Ltd will not monitor or investigate any third-party webpages. Afro-Made Onsoko Ltd will not assume any responsibility or obligation for any loss caused by the accuracy of the content or materials. The opinions expressed in the materials shall not be regarded as the approval, suggestions or opinions of Afro-Made Onsoko Ltd.

5.2  Under no circumstances may hyperlinks be created to any page of the platform without Afro-Made Onsoko Ltd ‘s prior consent. If you have already created a link to any page of the platform, you confirm that you are responsible for all direct or indirect consequences of the link and compensate Afro-Made Onsoko Ltd for all losses, responsibilities, expenses or expenses incurred or related to the link.

 6. Warranties and conditions

6.1  You are committed to the following:

a)  You have obtained authorization to access and use the platform that is, the jurisdiction in which you live, hold citizenship or do business allows you to use the platform Services;

b)  If you use the platform on behalf of or for the benefit of any organization, then it is assumed that you have the right to use the platform and the organization will be responsible for your actions.

c)  You shall use this platform and Service at your own risk and agree that Afro-Made Onsoko Ltd shall not be liable for any damage or injury caused by your use of this platform and Service;

d)  The information provided on the platform is for general reference only with good intentions selected without verification by Afro-Made Onsoko Ltd. For you, this information may be incomplete or inaccurate. Do not rely on this kind of information until there is further inquiry. This information shall not be interpreted as transaction advice or service advice provided by Afro-Made Onsoko Ltd.

e)  Afro-Made Onsoko Ltd does not guarantee the use of the platform to be free from interference or errors. In addition, the operation and availability of the system used to access the platform, including public telephone service, computer network and Internet, are unpredictable and may interfere with or hinder the access of the platform. Afro-Made Onsoko Ltd does not assume any responsibility for any such interference that prevents you from using this platform and Service.

6.2 Afro-Made Onsoko Ltd has not given any guarantee about the platform. Without limiting the aforesaid provisions, Afro-Made Onsoko Ltd does not guarantee that the platform meets your requirements or is suitable for your purpose. For the avoidance of doubt, to the extent permitted by law, Afro-Made Onsoko Ltd does not make any implied conditions or warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, ownership and non-infringement.

6.3  You represent and warrant that you have access to and use of the platform for commercial purposes and agree to these Terms to the fullest extent permitted by law, to protect statutory consumer guarantees or laws of non-commercial consumers in any jurisdiction not applicable to the content provided on this platform or to the Term.

7. Service delivery

7.1  Under the condition that you or any third party provides computer equipment and the product relies on any of its functions, Afro-Made Onsoko Ltd PAC does not assume any responsibility for the timely operation of the platform in the Internet environment.

7.2  By using this Service, you confirm that your understanding of whether the Internet and the World Wide Web can run in a timely manner is not controlled by Afro-Made Onsoko Ltd. You acknowledge that Afro-Made Onsoko Ltd is not responsible for any perceived slow running of the platform.

7.3  By using this Service, you accept that all transactions are final and irreversible.

7.4  By using this Service, you accept that Afro-Made Onsoko Ltd reserves the right to liquidate any transaction at any time, regardless of profit or loss of position.

7.5  Afro-Made Onsoko Ltd does not guarantee the following points:

a)  The service meets your requirements;

b)  The service will not be interrupted, and the service will be timely, safe or error-free;

c)  The information provided through the service is accurate, reliable or correct;

d)  Any errors or defects will be corrected or services can be provided at any specific time or place.

7.6  You assume full responsibility and risk of loss arising from your usage of the service.

8. Compensation

8.1  You agree to compensate Afro-Made Onsoko Ltd, its contractors, licensor and respective directors, executives, employees and agents for any and all claims and expenses (including attorneys’ fees) arising from your usage of the platform, including but not limited to your violation of this Agreement to ensure that they are not harmed thereby.

9. Guarantee and Exemption

9.1  Afro-Made Onsoko Ltd, as the third party platform of “Network Service Provider”, shall not guarantee that the information and services on the PAC Exchange platform can fully meet the needs of the user. Afro-Made Onsoko Ltd shall not assume any legal responsibility for any errors, insults, slanders, omissions, obscenities, pornography or blasphemy that the user may encounter in accepting Afro-Made Onsoko Ltd’s services.

9.2  Due to the particularity of the Internet, Afro-Made Onsoko Ltd shall not guarantee that the Service will not be interrupted, nor shall it guarantee the timeliness and security of the Service, nor shall it assume any responsibility that is not caused by it. Afro-Made Onsoko Ltd strives to enable the user to access and use this platform safely, but does not declare or guarantee that this platform or its servers are free of viruses or other potentially harmful factors. Therefore, the user shall use software recognized by the industry to detect and kill any viruses in files downloaded from Afro-Made Onsoko Ltd.

9.3  Afro-Made Onsoko Ltd is not responsible for the failure to save, modify, delete or store the information released by the user. It is not responsible for typographical errors and negligence on the Webpage that are not caused by the PAC Exchange on purpose. Afro-Made Onsoko Ltd has the right, but has no obligation, to improve or correct omissions and errors in any part of this platform.

9.4  Unless expressly agreed in writing, Afro-Made Onsoko Ltd shall not guarantee the accuracy, integrity and reliability of any content information obtained by the user including but not limited to connecting or downloading from this platform in any way, including but not limited to advertisements, etc. Afro-Made Onsoko Ltd does not assume responsibility for any products, services, information or materials purchased or acquired by the user due to the content information on this platform. The user shall bear the risk caused by using the information content of this Webpage.

9.5  The user comments published by all users on the platform only represent personal views of the users and do not mean that this platform agrees with the views or confirms the descriptions. This platform shall not assume any legal responsibility arising from the user comments.

9.6  Afro-Made Onsoko Ltd has the right to delete all kinds of information on the platform that does not conform to laws or agreements, and reserves the right not to notify the user.

9.7  All notices sent to the user will be delivered by Afro-Made Onsoko Ltd through official page announcements, station letters, e-mails, customer service calls, SMS or regular letters. Afro-Made Onsoko Ltd shall not assume any legal responsibility for any activities or information such as winnings, discounts, and the like that are not obtained through formal channels of the platform.

9.8  Afro-Made Onsoko Ltd has the right to adjust the charging, withdrawal and transaction fee rates according to the market conditions, and has the right to decide the termination of the free promotion period.

10. Calculation

10.1  All calculations performed by the platform transaction engine and verified by the platform are final results. Afro-Made Onsoko Ltd does not guarantee that the usage of this platform will be uninterrupted or free of error;

11. Conformity to Your Local Laws

11.1  You are personally responsible for determining whether and to what extent to pay the relevant tax authorities the corresponding tax after deducting the correct amount of income from any transaction through the Service. In addition, you agree to abide by all relevant local laws. Regarding the prevention of the financing of terrorism and anti-money laundering activities, the Transaction Platform of PAC voluntarily conducts Customer Due Diligence (CDD) as appropriate to prevent the risk of money laundering and terrorist financing and will cooperate with local authorities. When the court finds that any clause of the Terms is invalid, ineffective, unenforceable or illegal, the validity and enforceability of other clauses are not affected. Afro-Made Onsoko Ltd can control, restrict or empty your account and digital assets as appropriate or in coordination with local law enforcement agencies.

12. General terms

12.1  Afro-Made Onsoko Ltd’s failures to perform or delay to perform any clause or fail to perform or delay to perform any right under the Terms shall not be construed as a waiver of any of our rights.

12.2  In case of failure to fulfill obligations due to reasons other than reasonable control, including natural disasters, riots, wars, malicious acts of sabotage, fires, power outages, and government functions and powers, neither party shall be liable for this.

12.3  When the court finds that any clause of the Terms is invalid, ineffective, unenforceable or illegal, the validity and enforceability of other clauses are not affected. If it is determined that any clause is not enforceable, you agree that Afro-Made Onsoko Ltd, within the scope permitted by applicable law, modifies the clause to ensure that it is fulfilled.

12.4  The terms of this Agreement and your usage of services will be governed and interpreted by Kenya’s laws and will not be subject to its conflict of laws provisions. You agree that all disputes arising out of or related to this Agreement shall be irrevocably and unconditionally agreed, and any litigation or dispute arising out of this clause will be submitted to Arbitrator for arbitration

12.5  If any clause of this Agreement is deemed to be illegal, invalid or unenforceable for any reason, such clause shall be deemed to be severable and shall not affect the legal effect of any other clauses.

12.6  The provisions of this Agreement provide for a complete understanding of the Service by both parties, replacing all previous understandings and communications related to them. Any other documents inconsistent with the provisions of the Terms will not be binding on Afro-Made Onsoko Ltd. You declare and guarantee that all information disclosed to Afro-Made Onsoko Ltd in connection with the Service Terms is true, accurate and complete.