This User Agreement ("Agreement") is a contract between you and Popote Innovations Ltd, a Kenyan company, and applies to your use of Popote Pay application. You must agree with all of the Terms Of Use contained in this Agreement.

We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 7 Days' prior notice by sending an email to the address on your profile and/ or posting the change on the website.

Consumer advisory - Popote Pay is a software that interfaces with Payment Service Providers (PSPs) via the Application program interfaces API’s they provide. Because Customer’s funds are stored and moved by the Payment Service Providers (PSPs) with which Popote Pay is integrated with, Popote Pay is not regarded as a stored value facility under Kenya law. Popote Innovations Ltd, therefore is not regulated by the Central Bank of Kenya (CBK), however it has obtained permission from the CBK to operate in partnership with licensed Payment Service Providers (PSPs). Consumers (Users) are advised to read these Terms Of Use carefully.

This is an important document which you must consider carefully when choosing whether to use Popote Pay. Please note the following risks of using Popote Pay:

We may close, suspend, or limit your access to your Popote Pay Account and/or limit access to your funds if you violate this Agreement, the Popote Innovations Acceptable Use Policy, or any other agreement you enter into with Popote Innovations.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of Popote Pay, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. This Agreement is not a solicitation of Popote Pay and Popote Innovations is not targeting any country or market through this Agreement.

Software Services and Eligibility.

  1. Software Services. Popote Innovations is a software provider and acts as such by creating, hosting, maintaining and providing Popote Pay application to you via the Internet. Popote Innovations is not a remittance business or a money transfer service. We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. Popote Innovations is not a common carrier or public utility.
  2. Eligibility. To be eligible to open and maintain an Account you must be at least 18 years old or of the age considered as an adult in your jurisdiction. You must list your correct country of residence in your Account.
  3. Information. In order to open and maintain an Account, you must provide us with correct and updated Information
    • Your contact information. It is your responsibility to keep your primary email address up to date so that Popote Innovations can communicate with you electronically. You understand and agree that if Popote Innovations sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Popote Innovations will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Popote Innovations to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by logging into the Popote Innovations website. If your email address becomes invalid such that electronic Communications sent to you by Popote Innovations are returned, Popote Innovations may deem your Account to be inactive, and you will not be able to transact any activity using your Popote Innovations Account until we receive a valid, working primary email address from you
    • Identity Verification. You authorize Popote Innovations, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources. Credit Report Authorization. If you open a Business Account, you are providing Popote Innovations with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing Popote Innovations to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time Popote Innovations reasonably believes there may be an increased level of risk associated with your Business Account.
  4. Beneficial Owner. The user who provides their personal information and is designated on the Account s the Director Administrator shall be regarded as the beneficial owner of the Account. In a business they must be an executive director or a significant shareholder. The Beneficial owner may add or permit the addition of other users to their Account and they too by extension shall be bound by these Terms Of Use and the privacy policy.

Sending Payments.

  1. Funding Methods. To make payments you must avail funds into the accounts of the Payment Service Providers (PSPs) we are integrated with, through the methods provided for. In doing so you warrant that the funds used are your own and are not proceeds from illegal activities
  2. Sending Limits. We may, at our discretion, impose limits on Popote Pay over the amount of payments you can send through the Payment Service Providers (PSPs) that we are integrated with.
  3. Cards as Payment Methods. By adding a debit card, credit card or prepaid card as a Payment Method, you are providing Popote Innovations with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.
  4. Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your Popote account balance

Popote Charges.

  1. Popote Innovations may amend the pricing model at anytime giving 7 days notice which will often be occasioned by a change in price from its Payment Service Providers (PSPs).

Account Balances.

  1. Funds Store. Your funds are held by Payment Service Providers (PSPs) in pooled accounts for Popote Innovation’s customer’s funds. These are separate accounts from those holding its corporate funds. Popote Innovations will not use your funds for its operating expenses or for any other corporate purposes. Popote Innovations may receive interest on amounts that are held by Payment Service Providers (PSPs) by Popote Pay customers and you agree to assign your rights over any interest derived from your funds to Popote Innovations.
  2. Balances: the Popote Pay software maintains a real-time record of all customer’s Account balances.
  3. Set-off of Past Due Amounts. If you have a past due amount owed to a Popote Innovations affiliate, subsidiary, or parent company, Popote Innovations may debit your Account to pay any amounts that are more than 90 Days past due.
  4. Negative Balances. If your Account has a negative balance, Popote Innovations may set-off the negative balance with any funds that you subsequently add or receive into your Account

Interest on Balances.

  1. If you hold a balance, Popote Innovations, at its sole discretion, may offer you a daily interest on it. The purpose of this benefit is to encourage you to always have funds in your account available for payments t payments via Popote Innovations thus stopping us avoiding reversion to cash, cheques and transfers and other traditional methods.
  2. The interest rate will only apply for balances of between the minimum and maximum amount, the terms all of which will be communicated to you via email at the time your account is allowed for this service. the terms shall require your acceptance.
  3. Interest earned will be for the sole purpose of off-setting your monthly Popote Innovations charges on your account. The interest earned therefore shall be capped at the same amount as the charges incurred in the month. If the interest earned equals or exceeds your monthly Popote Pay charges, the invoice will be zero, effectively gaining you free usage of the Popote Pay software. In no instance will Popote Innovations pay the interest over and above the netted off amount of the charges.
  4. Interest shall be calculated based on an annual rate and calculated daily on your balance at midnight of each day. It shall be simple interest, calculated on the balance not including any prior interest earned.

Savings

  1. Popote Pay enables users to park funds from their positive Account balance in a similar manner to a fixed deposit. The terms of the saving service are displayed during the application process and in the agreement generated for the user’s acceptance. The user’s acceptance to the agreement is confirmed by the user’s completion of the application process which requires entry of their secret PIN and provision of their scanned digital signature. The completed agreement shall be sent to the users email address. The scanned digital signature, whichever its form shall be understood and relied on by Popote Innovations as the official signature of the user and any inaccuracy it in shall not affect the contractual and binding nature of the agreement.
  2. The Savings Agreement to save is a private contract between you, the user and Popote Innovations Ltd, two private and consenting parties and therefore not subject to any regulation.

Loans

  1. Popote Innovations enables users to borrow funds which are applied to the users Account balance in a similar manner to a overdraft. The terms for the loan service are displayed during the application process and in the agreement generated for the user’s acceptance. The user’s acceptance to the agreement is confirmed by the user’s completion of the application process which requires entry of their secret PIN and provision of their scanned digital signature. The completed agreement shall be sent to the users email address. The scanned digital signature, whichever its form shall be understood and relied on by Popote Innovations as the official signature of the user and any inaccuracy it in shall not affect the contractual and binding nature of the agreement.
  2. The Loan Agreement is a private contract between you, the user and Popote Innovations Ltd, two private and consenting parties and therefore not subject to any regulation.

Closing Your Account.

  1. An Account owner i.e Director Administrator who no longer wishes to use our service should ensure they are on a plan free of subscription fees, remove all added users and not make any transactions thereon. The user will therefore become dormant and no charges will accrue to the user. To fully close an Account, an Account owner i.e Director Administrator must request so in writing and where it is a registered company, include a properly signed board resolution bearing the closure instructions. Accounts shall be closed following satisfactory checks that the instructions are authentic.

Errors and Unauthorized Transactions.

  1. Protection for Unauthorized Transactions and Errors. When an Unauthorized Transaction or an Error occurs in your Account, Popote Innovations will cover you for the full amount of every eligible Unauthorized Transaction or Error so long as you follow the procedures discussed below. An Unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use
  2. Notification Requirements.
    1. You should immediately notify Popote Innovations if you believe:
      • there has been an Unauthorized Transaction or unauthorized access to your Account;
      • there is an Error in your Account history statement (you can access your Account history by logging into your Account and clicking on a link to "main statement"
      • your password or Popote Innovations Mobile PIN has been compromised;
      • you need more information about a transaction listed on the statement or transaction confirmation.
    2. To be eligible for protection for Unauthorized Transactions, you must notify us within 30 Days after any Unauthorized Transaction first appears in your Account history statement. We will extend the 60 Day time period if a good reason, such as a hospital stay, kept you from notifying us within 60 Days. You should regularly log into your Account and review your main statement to ensure that there has not been an Unauthorized Transaction or Error. Popote Innovations will also send an SMS which you may opt out of to the primary mobile number you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate. For Unauthorized Transactions or Errors in your Account, notify us on email at support@popote.co.ke. When you notify us, provide us with all of the following information:
      • Your name and email address registered to your Account;
      • A description of any suspected Unauthorized Transaction or Error and an explanation as to why you believe it is Incorrect or why you need more information to identify the transaction; and
      • The amount of any suspected Unauthorized Transaction or Error During the course of our investigation, we may request additional information from you.
    3. Popote Innovations Actions after Receipt of Your Notification. Once you notify us of any suspected Unauthorized Transaction or Error, or we otherwise learn of one, we will do the following:
      • We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Error that is eligible for protection.
      • We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transactions or Error.
      • If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected Unauthorized Transaction or Error. You will receive the provisional credit within 15 Business Days of the date we received your notice.
      • We will inform you of our decision within 3 Business Days after completing our investigation If we determine that there was an Unauthorized Transaction or Error, we will promptly credit the full amount into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts. If we decide that there was not an Unauthorized Transaction or Error, we will Include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.
    4. Popote Innovations Errors. We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, Popote Innovations will credit your Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, Popote Innovations will debit the extra funds from your Account.
    5. Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment to you. Popote Innovations contact centre support staff will endeavour to have payments reported as erroneous reversed, however there is no guarantee that this shall be achieved before the recipient has withdrawn or consumed the funds. In no event shall Popote Innovations Ltd be liable to reimburse you for a payment sent to a wrong party

Restricted Activities.

  1. Restricted Activities. In connection with your use of our website, your Account, Popote Pay, or in the course of your inter actions with Popote Innovations, other Users, or third parties, you will not:
    • Breach this Agreement or any other Policy that you have agreed to with Popote Innovations;
    • Violate any law, statute, ordinance, or regulation;
    • Infringe Popote Payments' or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
    • Act in a manner that is defamatory, trade libellous, threatening or harassing; Provide false, inaccurate or misleading Information;
    • Engage in potentially fraudulent or suspicious activity and/or transactions;
    • Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
    • Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
    • Conduct your business or use Popote Pay in a manner that results in or may result in complaints, Disputes, Claims, fees, fines, penalties and other liability to Popote Innovations, other Users, third parties or you;
    • Allow your Account to have a negative balance;
    • Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User's express consent to do so;
    • Send unsolicited email to a User or use Popote Pay to collect payments for sending, or assisting in sending, unsolicited email to third parties;
    • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
    • Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
    • Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
    • Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or Popote Pay ; or
    • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers.

Your Liability - Actions We May Take.

  1. General. You are responsible for all Claims, fees, fines, penalties and other liability incurred by Popote Innovations, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Popote Pay. You agree to reimburse Popote Innovations, a User, or a third party for any and all such liability.
  2. Reimbursement for Your Liability. In the event that you are liable for any amounts owed to Popote Innovations, Popote Innovations may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately Add Funds to your Balance or reimburse Popote Innovations through an alternative method. If you do not do so, Popote Innovations may engage in collection efforts to recover such amounts from you.
  3. Actions by Popote Innovations – Restricted Activities. If Popote Innovations, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect Popote Innovations, its parent, subsidiaries and affiliates, other Users, other third parties or you from claims, fees, fines, penalties and any other liability. The actions we may take Include but are not limited to the following:
    • We may close, suspend, or limit your access to your Account or Popote Pay ;
    • We may refuse to provide Popote Pay to you now and in the future; and
    • We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Popote Innovations or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
  4. Actions by Popote Innovations - Holds
    • Risk-Based Holds. Popote Innovations, in its sole discretion, may place a hold on any or all of your Account balance funds or payments in progress when Popote Innovations believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. Popote Innovation's determination may be based on different factors and Popote Innovations may rely on information it receives from third parties. If Popote Innovations places a hold on a payment, the funds will appear in your "pending balance" and the payment status will indicate the hold, for example it can show as "Completed - Funds not yet available." If Popote Innovations places a hold on any or all of the payments you receive, Popote Innovations will provide you with notice of our actions. Popote Innovations will release the hold on any payment after 30 Days from the date the payment was received into your Account unless Popote Innovations has a reason to continue to hold the payment such as (a) the receipt of a Dispute or Claim (b) Popote Innovations believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) Popote Innovations believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, Popote Innovations may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. Popote Innovations, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.
    • Actions by Popote Innovations - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria. Popote Innovations, in its sole discretion, reserves the right to terminate this Agreement and/or access to Popote Pay for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that Popote Innovation's decision to take certain actions, Including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users' Accounts and the Popote Innovations system. You agree that Popote Innovations is under no obligation to disclose the details of its risk management or its security procedures to you.

Disputes with Popote Innovations.

  1. Contact Popote Innovations First. If a dispute arises between you and Popote Innovations, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Popote Innovations regarding Popote Pay may be reported to via email to support@popote.co.ke
  2. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Ksh 100,000.00 (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects’ arbitration, that party will initiate such arbitration through the Kenya Institute of Arbitrators or any other established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 8.2 above, you agree that any claim or dispute you may have against Popote Innovations must be resolved by a court located in Kenya or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within Kenya for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of Kenya as such laws are applied to agreements entered into and to be performed entirely within Kenya, without regard to conflict of law provisions.
  4. Improperly Filed Litigation. All claims you bring against Popote Innovations must be resolved in accordance with Section 8 of this Agreement. All claims filed or brought contrary to Section 8 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 8, Popote Innovations may recover attorneys' fees and costs (Including in-house attorneys and paralegals) up to Kshs 100,000, provided that Popote Innovations has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  5. Notices to You. You agree that Popote Innovations may provide you Communications about your Account and Popote Pay electronically. Popote Innovations reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our web site or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.
  6. Notices to Popote Innovations. Except as otherwise stated above in Section 8 (Errors and Unauthorized Transactions) and Section 8.1, notice to Popote Innovations must be sent by registered postal mail to: Popote Innovations Ltd, Attention: Legal Department, P.O Box 25929-00100, Nairobi, Kenya.
  7. Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Popote Innovations will be entitled to recover all reasonable costs or expenses (Including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.
  8. Release of Popote Innovations. If you have a dispute with one or more Users, you release Popote Innovations, its parent, subsidiaries and affiliates (and their officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

General Terms.

  1. limitations of liability. In no event shall we, subsidiaries and affiliates, our officers, directors, agents, joint ventures, employees or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, Popote Pay, or this agreement (however arising, including negligence). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. Our liability, our parent, subsidiaries and affiliates, our officers, directors, agents, joint ventures, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.
  2. services limitation. Popote Innovations is not a bank and Popote Pay are payment processing services rather than banking services. Popote Innovations is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. Popote Innovations does not have control of, nor liability for, the products or services that are paid for with Popote Pay.
  3. no warranty. Popote Pay is provided "as is" and without any representation of warranty, whether express, implied or statutory. Popote Innovations, subsidiaries and affiliates, our officers, directors, agents, joint ventures, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Popote Innovations does not have any control over the products or services that are paid for with Popote Pay. Popote Innovations does not guarantee continuous, uninterrupted or secure access to any part of Popote Pay, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. Popote Innovations will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but Popote Innovations makes no representations or warranties regarding the amount of time needed to complete processing because Popote Pay are dependent upon many factors outside of our control, such as delays in the banking system or mobile networks infrastructure. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.
  4. indemnification. You agree to defend, indemnify and hold Popote Innovations, subsidiaries, affiliates and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys' fees), fine, or other liability incurred by any third party due to or arising out of your or your employees' or agents' breach of this agreement and/or use of Popote Pay.
  5. license grant. If you are using Popote Innovations software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then Popote Innovations grants you a revocable, non-exclusive, non-transferable license to use Popote Innovations' software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all Popote Innovations documentation accompanying Popote Pay. If you do not comply with Popote Innovations' implementation and use requirements you will be liable for all resulting damages suffered by you, Popote Innovations and third parties. Popote Innovations may change or discontinue any APIs upon notice to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, de-compile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Popote Innovations' software are owned by Popote Innovations. Any third-party software application you use on the Popote Innovations website is subject to the license you agreed to with the third party that provides you with this software. Popote Innovations does not own, control nor have any responsibility or liability for any third-party software application you elect to use on the Popote Innovations website and/or in connection with Popote Pay. If you are using Popote Pay on the Popote Innovations website, or other website or platform hosted by Popote Innovations, or a third party, and are not downloading Popote Innovations' software or using third party software applications on the Popote Innovations website, then this section does not apply to your use of the hosted Popote Pay.
  6. license grant from you to Popote Innovations; ip warranties. Subject to section 9.7, when providing Popote Innovations with content or posting content using Popote Pay, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against Popote Innovations, its sub-licensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to Popote Innovations, your posting of content using Popote Pay, and Popote Innovations' use of such content (including of works derived from it) in connection with Popote Pay.
  7. license grant from merchants to Popote Innovations. Section 9.6 notwithstanding, if you are a merchant using Popote Pay, you hereby grant us a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), and royalty-free right to use and display publicly, during the term of this agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a Popote Pay service as a payment form, and (2) any other use to which you specifically consent.
  8. intellectual property. "popote.com," "popote.co.ke", "popotepayments.com," "popotepayments.co.ke", "popotepay.com.", "popotepay.co.ke", and all other urls, logos and trademarks related to Popote Pay are either trademarks or registered trademarks of Popote Innovations or its licensors. You may not copy, imitate or use them without Popote Innovations prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Popote Innovations. You may not copy, imitate, or use them without our prior written consent. You may use html logos provided by Popote Innovations through our merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to Popote Pay. You may not alter, modify or change these html logos in any way, use them in a manner that is disparaging to Popote Innovations or Popote Pay or display them in any manner that implies Popote Innovations sponsorship or endorsement. All right, title and interest in and to the Popote Innovations website, any content thereon, Popote Pay, the technology related to Popote Pay, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Popote Innovations and its licensors.
  9. calls to you; mobile telephone numbers. By providing Popote Innovations a telephone number (including a mobile telephone number), you consent to receiving calls, including autodialed and prerecorded messages from Popote Innovations at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your account profile, and you consent to receive text messages from us about your use of Popote Pay at that number.
  10. marketing. If you receive information about another user through Popote Pay, you must keep the information confidential and only use it in connection with Popote Pay. You may not disclose or distribute a user's information to a third party or use the information for marketing purposes unless you receive the user's express consent to do so.
  11. password security. You are responsible for maintaining adequate security and control of any and all I.D, password, personal identification number (PIN), or any other codes that you use to access Popote Pay.
  12. taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Popote Innovations is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to vat, sales tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All fees related to Popote Pay are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.
  13. Complete Agreement and Survival. This Agreement sets forth the entire understanding between you and Popote Innovations with respect to Popote Pay. All sections as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  14. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Popote Innovations' prior written consent. Popote Innovations reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
  15. Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
  16. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
  17. Assumption of Rights. If Popote Innovations pays out a Claim that you file against a recipient of your payment, you agree that Popote Innovations assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Popote Innovations' discretion.

Definitions

  1. "Account" or "Popote Innovations Account" means a Personal or Business Account on the Popote Pay systemPopote Innovations Account.
  2. "Account Profile" means the location on our website where you can, after logging in, view and manage your profile including your personal information.
  3. "Add Funds" or "Top Up" means your ability to transfer money from any source to your Popote Innovations Account.
  4. "Automatic Transfer" means a withdrawal of your Account balance that is initiated by Popote Innovations.
  5. "Business Account" means an Account used primarily for business purposes and not for personal, family, or household purposes.
  6. "Business Days" means Monday through Friday, excluding the official national holidays recognized in Kenya.
  7. "Claim" means a challenge to a payment that a User files directly with Popote Innovations.
  8. "Commercial Entity Agreement" means the agreement that commercial entities are required to enter into directly with Popote Innovations' payment processor(s).
  9. Communications" means any Account or transaction information that Popote Innovations provides to you, Including: any Policies you agree to, Including updates to these Policies; annual disclosure; transaction receipts or confirmations; Account statements and history; and tax statements we are required to make available to you.
  10. "Customer Service" is Popote Innovations' customer support whose details shall be displayed on the website.
  11. "Days" means calendar days.
  12. "Dispute" means a dispute filed by a User directly with Popote Innovations
  13. "Error" means a processing error made by Popote Innovations or its suppliers in which your Account is mistakenly debited or credited.
  14. "Information" means any Account information that you provide to us, Including but not limited to personal information, financial information, or other information related to you or your business.
  15. "Bulk Payments" means the ability to send multiple payments at the same time.
  16. "Popote Innovations," "we," "us" or "our" means Popote Innovations Ltd.
  17. "Popote Pay " means our solutions, products and services and any other features, technologies and/or functionalities offered by us on our websites or mobile applications.
  18. "Personal Payment" means a payment to a friend or a family member for goods and/or services such as your share of the rent or a dinner bill.
  19. "Policy" or "Policies" means any Policy or other agreement between you and Popote Innovations that you entered into on the Popote Innovations website, or in connection with your use of Popote Pay.
  20. "Business Account" means an Account used for business purposes.
  21. "Personal Account" means an account for personal, family, or household purposes.
  22. "Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
  23. "Payment Service Provider (PSP)" means an organization as defined in the National Payment System Act 2011 and National Payment System Regulations 2014.
  24. "Application programming interface (API)" means a computing interface that defines interactions between multiple software applications or mixed hardware-software intermediaries.

Registered Address

  1. The Services are offered by Popote Innovations Ltd, located at 2nd Floor, Block A, Magharibi Place, Mai Mahiu Rd, Off Langata Rd, Nairobi West, Nairobi, Kenya.


Recipients Amount < 70,000 Amount > 70,000
Mobile Nos Target 2 mins, Max 15 mins Not Applicable
Buy Goods Till Target 2 mins, Max 15 mins Target 15 mins, Max 1 hour
Pay Bill Number Target 2 mins, Max 15 mins Target 15 mins, Max 1 hour
Local Bank Account Target 15 mins, Max 2 hours Target 30 mins, Max 4 hours
International Bank Ac Target 2 working days, Max 3 working days Target 2 working days, Max 4 working days