These Terms of Service govern your use of the website located at https://patatix.com/ and any related services provided by Patatix Ltd.
By accessing https://patatix.com/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Patatix Ltd.
We, Patatix Ltd., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
1. The Patatix Platform
Patatix Ltd. provides a software platform that allows Event Organizers to list events, manage registrations, and sell tickets to Attendees. It is important to understand the following regarding our role:
- We are an Intermediary: Patatix is not the creator, organizer, or owner of the events listed on the Service. We provide the tools for Organizers to manage their events.
- Contracts: Any contract for the purchase of a ticket or registration for an event is strictly between the Event Organizer and the Attendee. Patatix is not a party to that contract.
- Event Responsibility: The Event Organizer is solely responsible for the quality, safety, legality, and execution of the event.
2. Account Registration
To access certain features of the Service (such as creating events), you must register for an account. You agree to provide accurate, current, and complete information during the registration process.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
3. Fees, Payments, and Invoicing
- Commission Fees: Patatix charges a transaction fee (commission) on tickets sold through the platform. This fee is deducted automatically from the transaction before funds are settled to the Organizer.
- Payment Processing: Payment processing services for Event Organizers on Patatix are provided by third-party payment gateways (such as Stripe, M-Pesa, or other local/global processors). By using these services, you agree to be bound by the terms of service of the respective payment provider.
- M-Pesa & Mobile Money: For transactions processed via M-Pesa or other mobile money services, Patatix acts as an agent to facilitate the payment. Settlement of funds to the Organizer is subject to the processing times and terms of the mobile network operator.
- Offline Payments & Invoicing: If an Event Organizer chooses to accept "Offline Payments" (e.g., cash at the door, bank transfer), Patatix will issue an invoice to the Event Organizer for the accumulated commission fees. You agree to pay these invoices within the time frame specified on the invoice. Failure to pay these fees may result in the suspension or termination of your account.
- Taxes: Event Organizers are solely responsible for determining which taxes, if any, apply to the sale of their tickets (including VAT in Kenya) and for collecting, reporting, and remitting the correct tax to the appropriate tax authority.
4. Refunds and Cancellations
Because Patatix is not the organizer of the events, we do not issue refunds to Attendees. Refund policies are set entirely by the individual Event Organizer. Attendees must contact the Organizer directly regarding refund requests.
- Non-Refundable Fees: Unless caused by a technical error within the Patatix platform, our service fees/commissions are non-refundable. If an Organizer issues a refund to an Attendee, the Patatix fee will not be returned to the Organizer.
5. Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or "mirror" the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Patatix Ltd. provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- create events that facilitate illegal gambling, prohibited substances, or activities that promote hate speech or violence;
- use this website or its associated services in violation of any applicable laws or regulations (including the laws of Kenya);
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user's consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
6. Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Patatix Ltd. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Patatix Ltd. at any time.
7. User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
8. Marketing References
You grant Patatix Ltd. the right to use your entity name, event name, and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers. You may send an email to info@pesaswap.com stating that you do not wish to be used as a reference, and we will remove your name and logo from our marketing materials.
9. Liability
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Patatix Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Patatix Ltd. or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Patatix Ltd. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
10. Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Patatix Ltd. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
11. Links
Patatix Ltd. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Patatix Ltd. of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
12. Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
13. Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
14. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Kenya. You irrevocably submit to the exclusive jurisdiction of the courts in Nairobi, Kenya.