OVERVIEW
This website is operated by Nairobi Events. Throughout the site, the terms “we”, “us” and “our”; refer to Nairobi Events. Nairobi Events offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. DEFINITION OF TERMS
The following defined terms appear in this Terms of Service:
a. “You” or Merchant or Seller
An individual, organization or company that applies to, or registers to use, or uses the Nairobi Events platform to sell or distribute tickets and have payments processed by Nairobi Events
for their customers.
b. Customer or Buyer
A person that makes purchases or books a ticket using Nairobi Events.
c. Nairobi Events
The platform that allows merchants to manage their event ticketing, sell and/or distribute tickets to their customers using the available payment gateways (Mobile Money, Visa and
Mastercard) through different currencies.
d. Payment Transaction
The processing of a payment through Nairobi Events that results in the debiting or charging of the Purchase Amount to a customer and the subsequent crediting of funds to a merchant
less the transaction fees.
e. Transaction Fees
The levy charged to the merchant for any thing transacted through the Nairobi Events platform.
f. Event
Any event that is listed for sale or ticket booking by a merchant that a customer may pay for using Nairobi Events.
g. Purchase Amount
The amount of a Payment Transaction to pay for an event and any related fees or taxes as applicable.
h. “We” or “Us”
relates to the Nairobi Events platform.
j. Nairobi Events Account
Merchants virtual account (sellers dashboard) on Nairobi Events through which they are able to manage their event and view payments made.
2. REQUIREMENTS FOR REGISTRATION
In order to use Nairobi Events, you hereby consent to provide and agree to complete all required information elements on Nairobi Events registration web pages. You must register a
valid bank account and M-PESA enabled number to receive remittance from Nairobi Events.
You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate. Should you provide inaccurate settlement information,
we are not liable to you in the event you are unable to recover the funds settled.
We may require you to provide additional information as a condition of continued use of Nairobi Events, or to assist in determining whether to permit you to continue to use
Nairobi Events. We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein. By agreeing to this Terms of Service, you represent that you are:
· 18 years old or older;
· and Capable of entering into a legally binding agreement.
3. PAYMENT PROCESSING
Nairobi Events allows merchants to upload events on to their Nairobi Events page and facilitates the processing of Payment Transactions to complete a payment for a purchase between the Merchant and a Customer. Nairobi Events will store information from Customers, such as their Payment Instruments, and will process Payment Transactions on behalf of Merchants.
We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Merchants, or other applicable Nairobi Events policies, as determined in Nairobi Events’s sole and absolute discretion.
Merchant authorizes Nairobi Events to charge or debit to Merchants Nairobi Events account the necessary charge necessary to complete processing of a Payment Transaction by a Customer.
Merchant also authorizes the charge or debiting of Merchants Nairobi Events account in connection with reversals, chargebacks, refunds, or adjustments that may arise from customer payments.
To ensure Buyer security, ticketing settlements will be made available after the event is successfully concluded. Settlements will be remitted after the request is made for remittance by the merchant via their Jambo Nairobi merchant dashboard. The merchant must confirm that their settlement details are correct and then proceed to make a withdrawal via their Nairobi Events merchant dashboard.
If you require early settlement (payment before the event) to cover event-related expenses, please email us at info@nairobievents.com to submit your request for review. Upon approval, you will be required to sign an undertaking agreeing to refund your Buyers in full or in part, as necessary, in the event your event is canceled.
Merchant Event Cancellation and Refund Obligation
As a Merchant/Event Organizer by registering and using the Nairobi Events platform, you agree to issue full or partial refunds, as applicable, to buyers in the event of a cancellation, except in a verifiable case of force majeure. Nairobi Events reserves the right to process refunds directly to buyers, regardless of your consent, if your event is canceled under the aforementioned circumstances.
If you have received an early settlement of ticket revenue prior to the event, you are required to ensure that adequate funds are available to process all refunds. Nairobi Events may deduct the refund amounts from any future settlements or take other necessary actions to ensure buyers are reimbursed.
By registering and using the Nairobi Events platform, you acknowledge and agree to these terms regarding cancellations and refunds.
The postponement of an event does not constitute a cancellation, and Buyers are not entitled to a refund under such circumstances. However, Nairobi Events encourages Event Organizers to be considerate of their Buyers by allowing refunds if a Buyer cannot attend the event on the rescheduled date.
All refund requests will be forwarded to the Event Organizer for approval via their registered email address on the Nairobi Events platform. Event Organizers are responsible for responding to these requests in a timely and fair manner.
4. LIMITATION ON THE USE OF SERVICE
We reserve the right to change, suspend or discontinue any aspect of Nairobi Events at any time, including hours of operation or availability of Nairobi Events or any Nairobi Events
feature, without notice and without liability. We also reserve the right to impose limits on certain Nairobi Events features or restrict access to parts or all of Nairobi Events without
notice and without liability.
We do not warrant that the functions contained in Nairobi Events will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not
limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions on Nairobi Events).
We may limit or suspend your use of Nairobi Events at any time, in our sole and absolute discretion. If we suspend your use of Nairobi Events, we will attempt to notify you by your
registered electronic mail on your Nairobi Events account.
5. NAIROBI EVENTS ACCOUNT INFORMATION
You agree to maintain the confidentiality of your Nairobi Events Account.
We are not liable to you for any and all transactions by persons that you give access to or that otherwise use your Nairobi Events account.
We are not liable to you for any and all consequences of use or misuse of your Nairobi Events account by persons that you give access to or that otherwise use your Nairobi Events account.
You agree to notify us immediately of any unauthorized use of your Nairobi Events account or any other breach of security regarding Nairobi Events of which you have knowledge.
6. PRIVACY AND DATA PROTECTION
You understand and agree that personal information provided to us in connection with Nairobi Events is subject to Nairobi Events’s Privacy Policy.
Additionally, if:
- You are established in the European Economic Area(EEA).
- You provide goods or services to customers in the EEA.
- You are otherwise subject to the requirements of the EU General Data Protection Regulation.
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the platform (including, the release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time but we shall inform you of any substantial changes that may affect your personal information.
9. SERVICE FEES
We do not charge a fee to use Nairobi Events to upload events on to your Nairobi Events page. Nairobi Events fee is applicable only when tickets are purchased from your Nairobi Events page.
There is a NO REFUND policy on our fee after transactions are completed using Nairobi Events.
10. BUYER TERMS
A. Refund Policy
As a buyer, we strive to ensure that you can shop with safety and confidence.
Refunds are handled in accordance with the Event Organizer’s refund policy. Nairobi Events acts solely as a payment processing platform and ticketing service provider, collecting funds
on behalf of the Event Organizer. The funds collected do not belong to Nairobi Events but to the Event Organizer. As such, any refund requests must be approved by the Event
Organizer, unless explicitly stated otherwise.
Merchants/Event Organizers using Nairobi Events are required to issue full or partial refunds, as applicable, if their event is canceled, except in a verifiable case of force majeure.
The postponement of an event does not constitute a cancellation, and Buyers are not entitled to a refund under such circumstances. Refunds for postponed events are subject to
the discretion of the Event Organizer and their stated refund policy.
All other refund requests will be addressed at the discretion of the Event Organizer and in accordance with their refund policy. If the Event Organizer does not have an explicit refund
policy, refund decisions will be made solely at their discretion.
To request a refund for reasons not covered above, please email info@nairobievents.com and we will forward your request to the respective Event Organizer for their consideration
and approval.
B. Nairobi Events Limitation of Liability
Nairobi Events shall not be liable for:
- The loss, defacement, or damage of your ticket due to your negligence or any other cause.
- The cancellation of any event or any delays in its commencement.
- Any personal harm, injury, or accidents occurring before, during, or after an event.
- Theft of your ticket or any personal belongings during an event.
- Dissatisfaction, disappointments, or frustrations with an event or its organization.
- Tickets purchased from any source other than Nairobi Events directly.
C. Ticket Security and Responsibility
As a buyer, you are responsible for keeping your ticket safe and secure. Nairobi Events is not liable for any issues arising from the unauthorized use of your ticket. If your ticket is used
without your knowledge or consent, we are not obligated to provide you a replacement or refund.
If you suspect that your ticket has been compromised, please contact us immediately at info@nairobievents.com to report the issue. Prompt notification will allow us to assist you in
resolving the matter where possible.
D. Lost Tickets
If you lose your ticket, you can access it via your buyer account. Create an account at https://nairobievents.com/sign-up using the email address you used to purchase the ticket.
Alternatively, you may email us at info@nairobievents.com to request a resend of your ticket.
For security reasons, you must email us using the same email address associated with the purchase. Additional information may be requested to confirm you are the rightful owner of
the ticket.
E. Official Communication Channel
All official issues, complaints, and requests must be submitted via our email channel at info@nairobievents.com. Submitting complaints or requests through social media channels
does not constitute an official submission and will not be considered as such. For a prompt and official response, please ensure all correspondence is sent to the provided email address.
11. DISPUTES
Nairobi Events will provide various tools to assist Merchants and Buyers in communicating with each other to resolve a dispute that may arise with respect to their transaction.
If Merchant and Customers are unable to resolve a dispute, we can mediate disputes between them if either party requests assistance.
12. NAIROBI EVENTS IS NOT A BANKING INSTITUTION
Nairobi Events processes Payment Transactions on behalf of Merchants. Nairobi Events is not a bank or other chartered depository institution.
13. TERMINATION OF SERVICE
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of Nairobi Events for any reason, including without limitation to inactivity or violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of your use of Nairobi Events, you remain liable for all Payment Transactions and any other obligations you have incurred.
Upon termination, we have the right to prohibit your access to Jambo Nairobi, including without limitation by deactivating your Nairobi Events account and to refuse future access to
Nairobi Events by you.
14. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kenya.
16. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and
us and govern your use of the Service, replacing any prior or simultaneous agreements, communications and proposals, whether oral or written, between you and us (including, but
not limited to, any prior versions of the Terms of Service).
Any confusion as to the meaning of these Terms of Service shall not be used against Nairobi Events.
17. LIMITATIONS OF LIABILITY; FORCE MAJEURE
Nairobi Events shall not be liable to the Merchant or Buyer in the event of any disruption of Nairobi Events or the Payment Platform or any part thereof resulting from Force Majeure and
Nairobi Events may suspend Jambo Nairobi or part thereof in such an event.
Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for Nairobi Events or its Merchants to perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes, credible security threats, as well as any global or partial dysfunction of Nairobi Events caused by disruption or suspension of the telecommunication facilities.
18. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate any international, National regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
- To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene, immoral, or pornographic purpose.
- To interfere with or circumvent the security features of the platform, related websites, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
19. MODIFICATIONS OF TERMS OF SERVICE
We reserve the right, at our sole discretion, to modify, amend, or update any portion of these Terms of Service at any time by posting a notification on the Nairobi Events website or by
directly communicating the changes to you.
Such modifications will take effect immediately upon posting and will apply to all platform usage initiated thereafter. By continuing to use Nairobi Events after the changes are posted,
you are deemed to have accepted the modifications. If you do not agree with any changes, your sole remedy is to discontinue your use of Nairobi Events and terminate your account
which you can request by contacting us at info@nairobievents.com.
20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@nairobievents.com
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