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.