This document is a working draft pending final legal review and is not yet in force. Do not rely on it as final policy.
General Terms of Use
1. About these Terms
1.1 These General Terms of Use (the "Terms") govern your access to and use of the websites, mobile applications, portals and related interfaces operated by DADATO (together, the "Platform") and the services made available through it.
1.2 DADATO Group is preparing to launch first in Djibouti as part of its wider East African vision. Services are available only in the markets and Supported Service Areas shown on the Platform.
1.3 By creating an Account, or by accessing or using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.
1.4 If you use the Platform on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation, and "you" includes that organisation.
2. Who we are
2.1 The Platform is operated by [BUSINESS DECISION REQUIRED — legal entity name], a company registered in [LEGAL REVIEW REQUIRED — country and registration details], with its registered office at [BUSINESS DECISION REQUIRED — registered address] ("DADATO", "we", "us" or "our").
2.2 Where a Market-Specific Terms document identifies a different DADATO entity as responsible for a market or service, that entity is your contracting party for that market or service.
3. The DADATO services
3.1 The Platform gives access to six services (the "DADATO Services"):
| Service | Description |
|---|---|
| DatoHub | A digital marketplace and seller-commerce platform on which independent Sellers offer products to Buyers. |
| DatoPay | Checkout and payment workflows provided through supported Payment Providers. |
| Dato Delivery | Tracked last-mile fulfillment, available in Supported Service Areas. |
| DatoGlobal | A business-to-business international sourcing marketplace connecting merchants with international suppliers and manufacturers. |
| DatoCargo | Coordination of international freight, shipment documentation, pre-shipment inspection support and customs-process support through qualified logistics and service providers. |
| DatoAccess | An international support and coordination service for travel, business, education and medical-travel arrangements, delivered with independent providers. |
3.2 DatoGlobal, DatoCargo, DatoHub, DatoPay and Dato Delivery together support a connected commerce flow: source, ship, sell, pay and deliver. DatoAccess operates alongside that flow as a separate service.
3.3 Not every service, feature, payment method or Supported Service Area is available in every market or at all times. Availability is shown on the Platform and may change.
4. How our documents fit together
4.1 Service-specific terms. When you use a particular service or act in a particular role, additional terms apply (the "Service-Specific Terms"):
- DatoHub Marketplace Terms — for Buyers;
- DatoHub Seller Agreement — for Sellers;
- Returns, Refunds & Dispute Resolution Policy;
- Prohibited & Restricted Products Policy;
- DatoPay Payment & Checkout Terms;
- Dato Delivery Terms;
- Dato Delivery Rider Agreement — for Riders;
- DatoGlobal B2B Sourcing Terms;
- DatoCargo Freight & Logistics Terms;
- DatoAccess International Support Terms.
4.2 Market-specific terms. Market-Specific Terms supplement these Terms for users, transactions or services in a given country, including the Djibouti Market-Specific Terms.
4.3 Privacy and cookies. How we handle personal information is explained in our Privacy & Data Protection Policy and our Cookie & Similar Technologies Notice. These are notices, not contractual terms. Where the law requires your consent for a particular use of your information, we will ask for it separately.
4.4 Order of precedence. If documents conflict, the following order applies, to the extent of the conflict:
(a) mandatory applicable law; (b) the Market-Specific Terms for the relevant market, to the extent they reflect a mandatory local requirement or give you greater protection; (c) the Service-Specific Terms for the service concerned, on matters specific to that service; (d) these Terms; (e) policies incorporated by reference into the documents above.
A separately signed written agreement between you and DADATO prevails on the matters it expressly addresses. Help pages, FAQs and promotional material are for information only and do not form part of any agreement.
5. Definitions
In these Terms and the Service-Specific Terms, unless a document states otherwise:
- Account means a registered user account on the Platform.
- Applicable Law means the laws and regulations that apply to you, the transaction, the service or the market concerned.
- Buyer means a User who purchases, or seeks to purchase, a product through DatoHub.
- Business User means a User acting for purposes relating to a trade, business, craft or profession.
- Consumer means a natural person acting for purposes outside a trade, business, craft or profession, as further defined by Applicable Law.
- Listing means product information published by a Seller or Supplier.
- Order means a Buyer's purchase of one or more products from a Seller through DatoHub, once confirmed.
- Payment Provider means a licensed or otherwise authorised third party that processes payments in connection with DatoPay.
- Rider means a person approved to perform deliveries through Dato Delivery.
- Seller means a User approved to list and sell products on DatoHub.
- Supplier means a business offering goods or manufacturing services through DatoGlobal.
- Supported Service Area means a geographic area in which a service is made available, as shown on the Platform.
- Third-Party Provider means any independent person or business whose goods or services are offered through, or used in connection with, the DADATO Services, including Sellers, Suppliers, Payment Providers, logistics providers, inspectors and DatoAccess providers.
- User or you means any person who accesses or uses the Platform.
- User Content means any content you submit, upload or publish on the Platform.
6. Eligibility
6.1 To create an Account you must be at least [LEGAL REVIEW REQUIRED — minimum age] years old and have legal capacity to enter into a binding contract under Applicable Law.
6.2 Additional eligibility requirements apply to Sellers, Riders, Suppliers and Business Users, as described in the relevant Service-Specific Terms.
6.3 You may not use the Platform if you are prohibited from doing so under Applicable Law, including applicable sanctions laws, or if we have previously suspended or terminated your Account, unless we agree otherwise in writing.
7. Your Account and security
7.1 You must provide accurate, current and complete information when you register, and keep it up to date.
7.2 You are responsible for keeping your login credentials confidential and for activity that takes place through your Account, except where that activity results from our failure to take reasonable security measures. You must tell us promptly if you believe your Account has been accessed without authorisation.
7.3 You may not transfer, sell or share your Account, or create Accounts using false identities or on behalf of another person without authority.
7.4 We may ask you to verify your identity, business details or authority at any time, including to meet our legal obligations or to protect users. Some features may remain unavailable until verification is complete. Verification is a risk-control measure; it does not mean that DADATO endorses or vouches for any User.
8. Marketplace relationships
8.1 Independent Sellers. Unless a Listing or Order clearly states that DADATO is the seller, products on DatoHub are sold by independent Sellers. The contract of sale for a product is concluded between the Buyer and the Seller. [BUSINESS DECISION REQUIRED — SELLER / MERCHANT OF RECORD MODEL]
8.2 Seller responsibility. Sellers are responsible for their Listings, for the legality, safety, authenticity and conformity of their products, and for complying with Applicable Law, including consumer-protection law.
8.3 Our role. DADATO operates the Platform, sets and enforces platform rules, facilitates checkout, delivery and support workflows, and may intervene in disputes as described in the Returns, Refunds & Dispute Resolution Policy. Where Applicable Law places obligations on DADATO as a platform operator, intermediary or professional, we will meet those obligations.
8.4 Verified Sellers and Suppliers. Where we describe a Seller or Supplier as "verified", this means that they have completed the verification steps we applied at the time. Verification reduces risk but does not guarantee a User's honesty, performance, product quality or legal compliance.
9. Third-Party Providers
9.1 Many DADATO Services are delivered with, or depend on, Third-Party Providers. Payment Providers process payments; logistics providers, carriers and customs professionals handle freight and customs; inspectors carry out inspections; airlines, hotels, embassies, universities, hospitals and other institutions provide or decide on DatoAccess services.
9.2 Third-Party Providers act independently and may apply their own terms, policies and decisions. Where you use their services, those terms may apply to you in addition to ours. We will make reasonable efforts to point you to them.
9.3 We select Third-Party Providers with reasonable care. Except where we have expressly agreed otherwise, or where Applicable Law provides otherwise, we are not responsible for the acts, omissions or decisions of independent Third-Party Providers.
10. Payments through DatoPay
10.1 DatoPay supports checkout and payment workflows through supported Payment Providers. Payment methods, authorisation, settlement, payment-protection features and related functionality may vary according to the provider, transaction, market and Applicable Law.
10.2 DatoPay is not a bank, deposit-taking institution or wallet provider. Payments are processed by Payment Providers under their own licences and terms. Further details are in the DatoPay Payment & Checkout Terms.
11. Acceptable use
11.1 You must use the Platform lawfully, honestly and in accordance with these Terms.
11.2 You must not, and must not attempt to:
(a) list, sell, buy, ship or arrange the transport of anything that is prohibited under the Prohibited & Restricted Products Policy or Applicable Law; (b) provide false, misleading or incomplete information, or impersonate any person or business; (c) post fake, incentivised or manipulated reviews, ratings, orders or sales ("brushing"), or otherwise manipulate rankings, prices or platform metrics; (d) commit or facilitate fraud, money laundering, terrorist financing, sanctions evasion or any other unlawful activity; (e) take a transaction off-platform to avoid fees, platform protections or our rules, where our rules prohibit this; (f) infringe anyone's intellectual property, privacy or other rights; (g) harass, threaten, discriminate against or abuse any person, including Riders, Sellers and support staff; (h) upload malware, interfere with the Platform's security or operation, or access systems or data without authorisation; (i) scrape, copy or extract data from the Platform by automated means, except as we expressly permit; (j) misuse refund, return, dispute, promotion or referral processes; (k) use another User's personal information for any purpose other than completing the transaction for which it was shared.
12. User Content and reviews
12.1 You keep ownership of your User Content. You grant DADATO a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, adapt (for formatting and display), translate, publish and display your User Content for the purposes of operating, providing, improving and promoting the DADATO Services, for as long as the content remains on the Platform and for a reasonable period afterwards for backup, legal and record-keeping purposes.
12.2 You confirm that you have all rights needed to grant this licence, and that your User Content is accurate, lawful and does not infringe anyone's rights.
12.3 Reviews must reflect a genuine experience. We may moderate, decline or remove reviews that breach our rules. We do not edit reviews to change their meaning.
12.4 We may remove or restrict access to User Content that we reasonably consider unlawful or contrary to these Terms. Where we do so, we will tell you the reasons, unless the law prevents us from doing so, and explain how you can challenge the decision.
13. Intellectual property
13.1 The Platform, including its software, design, text, graphics and the names and logos DADATO, DatoHub, DatoPay, Dato Delivery, DatoGlobal, DatoCargo and DatoAccess, is owned by or licensed to DADATO and protected by intellectual property laws.
13.2 We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Platform for its intended purpose in accordance with these Terms. No other rights are granted.
13.3 If you believe content on the Platform infringes your rights, please report it using the reporting tools on the Platform or by contacting us (section 24).
14. Platform availability and changes to services
14.1 We aim to keep the Platform available and secure, but it may be interrupted for maintenance, updates, security reasons or events outside our reasonable control. Where reasonably possible, we will give notice of planned interruptions.
14.2 We may change, add or withdraw features and services. If a change materially and negatively affects a service you have paid for and not yet received, we will tell you in advance where reasonably possible and you may be entitled to a refund in accordance with the applicable Service-Specific Terms and Applicable Law.
15. Suspension and termination
15.1 You may stop using the Platform and close your Account at any time, subject to completing or cancelling any open Orders, bookings, shipments or payouts.
15.2 We may restrict, suspend or terminate your access to all or part of the Platform where we reasonably believe that:
(a) you have materially or repeatedly breached these Terms or Service-Specific Terms; (b) it is necessary to comply with Applicable Law or a request from a competent authority; (c) your activity creates a risk of harm, fraud or loss for other Users, Third-Party Providers or DADATO; or (d) your Account has been inactive for an extended period, after notice to you.
15.3 Any measure will be proportionate. Except where urgent action or the law requires otherwise, we will tell you the reasons for our decision and give you an opportunity to respond. You may ask us to review the decision using the process described in the applicable Service-Specific Terms.
15.4 Termination does not affect rights and obligations that have already arisen, or provisions that by their nature are intended to continue, including those on payments owed, intellectual property, liability and dispute resolution.
16. Communications
16.1 You agree that we may communicate with you electronically, including by email, SMS, push notification, in-app message and messaging applications, about your Account, transactions, security and these Terms. Electronic communications satisfy any requirement that a communication be in writing, to the extent permitted by Applicable Law.
16.2 We will send marketing communications only where Applicable Law permits, and you may opt out at any time.
17. Disclaimers
17.1 We provide the Platform with reasonable skill and care. Except as expressly stated in these Terms or the Service-Specific Terms, and to the extent permitted by Applicable Law, we do not make any promise or warranty that the Platform will be uninterrupted or error-free, or about products, services or information provided by Sellers, Suppliers or other Third-Party Providers.
17.2 Delivery times, shipping schedules, processing times and similar estimates shown on the Platform are estimates, unless a document expressly states otherwise or Applicable Law requires a fixed time.
17.3 DatoAccess and DatoCargo provide coordination and administrative support. Decisions on visas, admission, medical treatment, customs clearance, carriage and similar matters are made by independent providers, institutions and authorities.
18. Liability
18.1 Mandatory law. Nothing in these Terms excludes or limits any liability, right or remedy to the extent that it cannot lawfully be excluded or limited under applicable law.
18.2 Our responsibility. Subject to section 18.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, that is caused by your breach of these Terms, or that is caused by events outside our reasonable control.
18.3 Business Users. Subject to section 18.1, where you use the Platform as a Business User, we are not liable to you for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss. [BUSINESS DECISION REQUIRED — ANY LIABILITY CAP FOR BUSINESS USERS]
18.4 Your responsibility. You are responsible for loss or damage caused to DADATO, other Users or third parties by your breach of these Terms or Applicable Law. If you are a Business User, you will compensate DADATO for reasonable losses, costs and expenses (including reasonable legal fees) arising from third-party claims caused by your breach.
19. Events outside our control
Neither you nor DADATO is responsible for a failure or delay in performance caused by an event outside reasonable control, such as natural disasters, epidemics, war, civil unrest, acts of government, port or border closures, strikes, power or telecommunications failures, or failures of Third-Party Provider systems. The affected party must take reasonable steps to limit the effect of the event and resume performance as soon as reasonably possible. This section does not remove any right to a refund for services not provided.
20. Changes to these Terms
20.1 We may update these Terms to reflect changes in the law, our services or our business. We will publish the updated version with a new version number and effective date.
20.2 For material changes, we will give you reasonable advance notice by email, in-app message or a prominent notice on the Platform. Where required, we will ask you to accept the updated Terms. If you do not agree, you may close your Account before the change takes effect.
20.3 Changes do not apply retrospectively to Orders, bookings or shipments placed before the effective date.
21. Governing law and disputes
21.1 These Terms are governed by [LEGAL REVIEW REQUIRED — governing law], without prejudice to mandatory rights you have under the law of the country where you are habitually resident or where the service is provided.
21.2 If you have a complaint, please contact us first (section 24). We will try to resolve it promptly and fairly. Service-Specific Terms may set out additional complaint and dispute processes.
21.3 Disputes that cannot be resolved informally may be submitted to [LEGAL REVIEW REQUIRED — competent courts / dispute forum]. Nothing in this section prevents a Consumer from bringing proceedings in any court or before any authority that has jurisdiction under mandatory Applicable Law.
22. Languages
These Terms may be made available in English, French and Simplified Chinese. If there is any inconsistency between language versions, [LEGAL REVIEW REQUIRED — AUTHORITATIVE LANGUAGE / PRECEDENCE].
23. General
23.1 Mandatory rights. Mandatory rights applicable under the law governing the user, transaction or market remain unaffected.
23.2 Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in effect.
23.3 No waiver. A delay in enforcing a right does not waive that right.
23.4 Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may transfer our rights and obligations to another entity within the DADATO group or to a successor business, provided your rights are not reduced.
23.5 Entire agreement. These Terms, together with the documents referred to in section 4, form the entire agreement between you and DADATO regarding the Platform.
24. Contact
[BUSINESS DECISION REQUIRED — legal entity name] [BUSINESS DECISION REQUIRED — registered address] Email: [BUSINESS DECISION REQUIRED — contact email] Customer support: available through the Help section of the Platform.