Acceptance of Terms

By accessing or using Pacla Media Service ("the Platform"), you agree to be bound by these Terms and Conditions and our Privacy Policy. If you disagree with any part of these terms, you may not access our services.

Last Updated: December 31, 2025

We reserve the right to modify these terms at any time. We will notify users of any material changes by posting the updated terms on this page and updating the "Last Updated" date.

Definitions

In these Terms and Conditions:

  • "Platform" refers to Pacla Media Service, including all websites, applications, and services.
  • "User" refers to any individual or entity that accesses or uses the Platform.
  • "Content" refers to any text, images, videos, audio, or other materials uploaded to or shared through the Platform.
  • "Services" refers to all features and functionalities provided by the Platform, including but not limited to marketplace, media sharing, transportation services, and housing listings.
  • "Seller" refers to users who list products or services for sale on the Platform.
  • "Buyer" refers to users who purchase products or services through the Platform.

Account Registration and Security

Eligibility

To use our services, you must:

  • Be at least 16 years of age
  • Provide accurate and complete registration information
  • Maintain the security of your password and account
  • Accept full responsibility for all activities that occur under your account

Account Types

Our Platform supports different user roles with varying permissions:

  • Regular Users: Can access basic services, make purchases, and create content
  • Sellers: Can list products and services for sale
  • Service Providers: Can offer transportation (boda-boda) or other services
  • Administrators: Have access to platform management features

Important: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

Services Description

Pacla Media Service provides a multi-service platform including:

Marketplace Services

  • Product listings and sales
  • Service offerings
  • Digital content and archive access
  • Payment processing

Media Services

  • Image and album hosting
  • Livestream broadcasting
  • Media sharing and distribution

Community Services

  • Lost and found item reporting
  • Housing listings
  • Transportation services (boda-boda)
  • Community forums and interactions

We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.

User Conduct and Responsibilities

Prohibited Activities

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Upload or distribute malicious code, viruses, or harmful content
  • Engage in fraudulent, deceptive, or misleading practices
  • Harass, abuse, or harm other users
  • Collect or harvest user information without consent
  • Interfere with or disrupt the Platform's functionality
  • Create multiple accounts for abusive purposes
  • Impersonate any person or entity

Content Standards

You are solely responsible for content you upload to the Platform. Prohibited content includes:

  • Illegal or unlawful material
  • Copyright-infringing content
  • Explicit, pornographic, or sexually suggestive material
  • Hate speech, discriminatory content, or harassment
  • False, misleading, or deceptive information
  • Spam, unsolicited commercial content, or phishing attempts

We reserve the right to remove any content that violates these standards without prior notice.

Transactions and Payments

Purchases and Sales

When using our marketplace services:

  • Sellers are responsible for accurate product descriptions and pricing
  • Buyers are responsible for reviewing product details before purchasing
  • All sales are final unless otherwise specified or required by law
  • We facilitate transactions but are not party to the actual sale

Payment Processing

  • We use secure payment processors to handle transactions
  • All prices are listed in KES (Kenyan Shillings) unless otherwise specified
  • We may charge service fees for certain transactions
  • Refunds are processed according to our Refund Policy

Wallet Services

Our wallet system allows users to:

  • Store funds for future transactions
  • Receive payments from sales or services
  • Transfer funds to linked bank accounts (where available)

Note: Wallet balances are not insured deposits and do not earn interest. We are not a financial institution.

Intellectual Property

Platform Content

All Platform design, text, graphics, logos, interfaces, and code are owned by Pacla Media Service and are protected by intellectual property laws.

User Content

You retain ownership of content you create and upload to the Platform. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Display, distribute, and reproduce your content on the Platform
  • Modify content as necessary for technical requirements
  • Use content for promotional purposes

Copyright Infringement

We respect intellectual property rights. If you believe your copyright has been infringed, please contact us at wesongabramwel4@gmail.com with:

  1. Identification of the copyrighted work
  2. Location of the infringing material on our Platform
  3. Your contact information
  4. A statement of good faith belief
  5. A statement made under penalty of perjury

Service-Specific Terms

Boda-Boda Transportation Services

  • Drivers must possess valid licenses and insurance
  • Riders assume all risks associated with transportation services
  • We are not liable for accidents, injuries, or losses during transportation
  • Fare estimates are provided but final charges may vary

Housing Listings

  • Listings must accurately represent the property
  • We do not verify property details or landlord credentials
  • Users are responsible for conducting due diligence
  • We are not party to rental agreements

Lost and Found Services

  • We facilitate reporting but do not verify claim authenticity
  • Users are responsible for verifying ownership of claimed items
  • We are not liable for disputes between claimants

Limitation of Liability

To the fullest extent permitted by law, Pacla Media Service shall not be liable for:

  • Any indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages resulting from user interactions or transactions
  • Service interruptions, delays, or errors
  • Unauthorized access to or alteration of user transmissions
  • Statements or conduct of any third party on the Platform

Our total liability to you for all claims arising from these terms or use of our services shall not exceed the amount you have paid us in the past six months.

Disclaimer: Our services are provided "as is" and "as available" without warranties of any kind, either express or implied.

Indemnification

You agree to indemnify and hold harmless Pacla Media Service, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms and Conditions
  • Your infringement of any third-party rights
  • Your interactions with other users
  • Any content you upload to the Platform

Termination

By User

You may terminate your account at any time by contacting us or using account deletion features where available.

By Platform

We may suspend or terminate your account at our sole discretion if we believe you have violated these Terms and Conditions. Reasons for termination may include:

  • Violation of these terms
  • Fraudulent or illegal activity
  • Creating risk or possible legal exposure
  • Extended periods of inactivity

Upon termination, your right to use the Platform will immediately cease. We may retain your information as described in our Privacy Policy.

Governing Law and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these terms:

  1. We encourage you to first contact us directly to seek resolution
  2. If unresolved, parties agree to attempt mediation before pursuing litigation
  3. Any legal action shall be brought in the courts of Nairobi, Kenya

Miscellaneous Provisions

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Pacla Media Service regarding your use of our Platform.

No Waiver

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms and Conditions without our prior written consent. We may assign our rights and obligations to any affiliate or successor.

Contact Information

If you have any questions about these Terms and Conditions, please contact us:

  • Email: wesongabramwel4@gmail.com
  • Address: Pacla Media Service, Nairobi, Kenya

We typically respond to inquiries within 2-3 business days.