Welcome to our Terms and Conditions page, we appreciate your time in going through it and understanding it. It looks long, we know, but it is just a bit more detailed explanation of our commitment to you.

It is recommended to take a careful read of our Terms and Conditions before using our website and services provided therein. We try to be clear about what to expect and our promise to treat our customers with respect and dignity they deserve.

 In case of any queries or concerns with this Terms and Conditions, feel free to contact us at info@patamkopo.co.ke.

PATAMKOPO TERMS AND CONDITIONS

Last Revised: October 2016

Patamkopo is a platform where we match persons, organizations and businesses seeking loans from banking institutions and other credit lending institutions (‘Lenders’). 

These Terms and Conditions (‘hereinafter referred to as ‘Agreement’) constitute a legally binding agreement between you and patamkopo (each a ‘Party’, and collectively ‘Parties’).

 As used in this Agreement, the words ‘you’ and ‘your’ refer to you, the user of patamkopo, and identifies you as the party agreeing to this Agreement. 

The words ‘we’, ‘us’, ‘our’ and any other variation refer to patamkopo. The word ‘Service’ refers to all the products and services that we offer on our website.

Our Terms and Conditions apply to every aspect of your experience with patamkopo; that would mean interactions you have with the website, phone calls you have with patamkopo customer care, emails and text messages.

ACCEPTANCE OF AGREEMENT.

By accessing the patamkopo website (‘Site’) and by using the Service, you agree to, and are bound by, the terms and conditions of this Agreement. This is for as long as you continue to use the Site or Service. If you do not agree to be bound by this Agreement, do not use the site or the service. You may not use the Site or Service, or accept this Agreement; if (a) you are not of legal age to form a binding contract with patamkopo; (b) you are prohibited by law from receiving or using the Service.

AMENDMENTS.

Patamkopo reserves the right to amend this Agreement at any time with notice in its sole discretion. Patamkopo will post notice of any amendment on the Site. By continuing to use the Site and Service after such notice is provided, you accept and agree to such amendments.

PRIVACY.

You agree to patamkopo’s Privacy Policy, which is incorporated by reference into this Agreement as if it were set forth herein in its entirety. The Privacy Policy describes our collection and possible use of information provided by you. By using the Site or Service, you agree to, and are bound by, the terms of the Privacy Policy.

ACCURACY OF AND CHANGES TO YOUR INFORMATION.

You agree to provide accurate information as requested. This may be personal information, financial information and your lending history etc. You further agree to promptly update all your information whenever the information provided to us is no longer accurate. You can update your information by visiting your profile page on the Site. If you need help in changing your information, please email us at info@patamkopo.co.ke. We are not responsible for any payment processing errors or fees or other Service-related issues arising from your failure to keep your information current. If we determine, in our sole discretion, that you have failed to maintain current and accurate information, we may suspend or terminate your access to the Site and Service.

THE SERVICE.

Description of the Service: Patamkopo offers a platform for users to apply for loans and get offers from Lenders. You agree to provide true, accurate, current and complete information when applying for a loan. This information is in the form of Profile Information (Information about you), Application Information (Loan application details) and Account Information (Your details in the account you created in our platform). You also agree that we may contact you, including by telephone or by SMS, to verify the Application Information or to be provided with additional Application Information.

Applying for Funding: Once you provide us with Application Information, we send your information to various Lenders. After assessing your request, the Lenders will express an interest in your application by issuing a TERM SHEET. A Term sheet is a tentative offer and is not binding until you engage with the respective Lender and a formal Letter of Offer is issued. You select the term sheet you prefer and the Lender selected will initiate the process of loan issuance. This will be based on the Application Information and according to its own terms and conditions. You hereby acknowledge and agree that Patamkopo has no role in the Lender’s decision to provide or not provide funding to you, and that Patamkopo provides the Application Information to potential Lenders on your behalf.

MONITORING AND RECORDING OF COMMUNICATION.

You agree that we may monitor and record your communication, in whatever form, with us at any time, without further notice to you or any party to the communication. Their usage is at the sole discretion of Patamkopo.

 FEES.

We do not charge you any fee for the Service. We only receive compensation from Lenders signed on the Patamkopo platform. Our compensation from a Lender varies depending on the total amount of funding provided. Patamkopo does not control a Lender’s terms. We also make our best effort to minimize or eliminate any impact that compensation paid to us may have on your fees and interest rates. Ultimately, however, funding terms and conditions are entirely and solely within the Lender’s discretion.

 USE OF THE SERVICE.

Use of Service in Accordance with Agreement and Applicable Law: You will not use the Site or Service for any illegal purpose. You will only use the Site or Service in accordance with the terms and conditions of this Agreement and applicable law.

Responsibility for your Account: You hereby acknowledge and agree that you are responsible for maintaining your information. Patamkopo bears no responsibility for any actual or accrued loss of information. If you believe that your information or a device that you use to access the Site has been lost or stolen, that someone is using the Service using your information without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at info@patamkopo.co.ke.

INDEMNITY.

You agree to release, indemnify, and hold harmless Patamkopo and its affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including but without limitation to reasonable legal and accounting fees, arising out of or in any way related to:

(a) Your access to, use of, or inability to use the Site or Service;

(b) Your breach of this Agreement;

(c) Your violation of any rights of a third party;

(d) Your interaction with any Lender;

(e) Any duties, responsibilities, or obligations you may have to a Lender;

(f) Your violation of any applicable law;

(g) The violation of any applicable law by a Lender; or

(h) your failure to provide and maintain true, accurate, current and complete Application Information, Profile Information, and Account Information.

WARRANTIES AND DISCLAIMERS.

Limitation of Liability: Under no circumstances shall Patamkopo, its subsidiaries, partners, or affiliates, be liable to you for (a) any indirect, incidental, consequential, special or exemplary damages arising from or relating to the use or inability to use the Service (even if Patamkopo knows or has been advised of the possibility of such damages), including but not limited to damages for loss or corruption of data or documentation, service interruptions, or Patamkopo’s or your liabilities to third parties arising from any source; (b) any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the use of the Service, including but not limited to damages arising from your failure to provide Patamkopo with accurate information or a third party’s failure to correctly verify such information, except as required under applicable law.

No Warranties: Except as expressly set forth in this Agreement, the Service provided hereunder by Patamkopo is provided "as is" with all faults and without any representations or warranties. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Patamkopo does not represent or warrant that the Service will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free. This disclaimer of warranty extends to you and is in lieu of all warranties and conditions whether express, implied, or statutory, including the implied warranties of merchantability, fitness for particular purpose, title, and non-infringement with respect to the Service, and any implied warranties arising from course of dealing or course of performance. No advice or information provided by Patamkopo shall constitute any warranty with respect to your use of the Service. Patamkopo does not guarantee or assume any responsibility for any service advertised or offered by any third party service relating to either Patamkopo or any Lender. Patamkopo makes no guarantee as to the number of Lenders with whom you may get offers from using the Service, nor does Patamkopo guarantee that you will be able to obtain funding in any amount using the Service. You understand and agree that Patamkopo is neither a Lender nor a financial advisor, and nothing on this site is intended to be a substitute for professional financial advice.

TERM AND TERMINATION.

Term: This Agreement shall commence on the date you first access the Site or use the Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof.

Termination Rights of Patamkopo: Patamkopo may terminate this Agreement at any time in its sole discretion.

Your Termination Rights:You may terminate this Agreement at any time by ending your use of the Site and the Service and notifying Patamkopo at info@patamkopo.co.ke.

GENERAL TERMS.

Waiver: The waiver by Patamkopo of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.

Governing Law: This Agreement will be deemed entered into in the Republic of Kenya and will be governed by and interpreted in accordance with the laws of the Republic of Kenya. The Parties agree that any dispute arising under this Agreement will be resolved in courts in the Republic of Kenya, and the Parties hereby expressly consent to jurisdiction therein.

Third Party Beneficiaries: Except as expressly limited, this Agreement and the rights and obligations hereunder shall bind the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.

Entire Agreement: This Agreement and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.

Severability. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.

Assignment. Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Patamkopo may assign this Agreement or any rights hereunder without consent: (i) to an entity that acquires substantially all of its stock, assets or business; or (ii) to an affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.