terms of service
1.
Definitions
For
the purposes of this Agreement, the following definitions shall apply:
“Consent” means any manifestation of express, unequivocal, free, specific and
informed indication of the data subject's/ attendees wishes by a statement or
by a clear affirmative action, signifying agreement to the processing of
personal data relating to the data subject;
“Data” means any proprietary and
confidential information or Personal Data of the parties and those of their
customers and clients, whether commercial, financial, technical or otherwise
(whether oral, written, machine readable or in any other form) and material
(whether electronically recorded, written or otherwise);
“Data Commissioner” the Commissioner is to oversee the implementation of and be
responsible for the enforcement of the Act. The Commissioner will exercise
oversight on data processing operations, either of own motion or at the request
of a data subject, and verify whether the processing of data is done in
accordance with the DPA;
“Data Controller” determines the purpose and means of processing of personal
data;
“Data Processor” Processes personal data on behalf of the data controller;
“Data Subject” means an identified or identifiable natural person who is the
subject of personal data;
“DPA” means the Data Protection Act,
2019 (No. 24 of 2019);
“Event” shall refer to an activity
listed on the Interests.Africa platform and held at the Venue including,
without limitation, a theatrical performance, concert or exhibition as set out
in the Order/ticket.
“Event Organizer/Provider” shall refer the individual or organization that
provides the Event at the Venue (if not us).
“Indemnified Parties” shall refer to Interests.Africa affiliates, investors,
licensors, suppliers, advertisers and sponsors, and their respective employees,
consultants, agents and other representatives.
“Order” shall refer to your order for permission to attend the Event and the
purchase of Tickets submitted to us using our website.
“Parties” shall refer to a party to this Agreement.
“Personal data” shall mean any information relating to an identified or
identifiable natural person; an identifiable natural person is one who can be
identified, directly or indirectly, in particular by reference to an identifier
such as a name, an identification number, location data, an online identifier
or to one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of that natural person. For the
avoidance of doubt, Personal Data has the meaning as set forth in the
applicable Data Protection Laws (and any regulations issued there under) that
is processed by the Company under these terms and conditions;
“Purchaser” shall refer to the person who purchases a valid Ticket for an
event.
“Tickets” shall refer to the printed, electronic or other type of evidence of
the right to attend an Event at the Venue.
“Ticket Holder” shall refer to the actual Event attendee and person in
possession, utilizing and/or presenting a valid ticket (including e-tickets) at
any point of entry, check-in and/or at entrance gates for entry into any aspect
of the Event or Venue.
“We”/“Us”/“Our” shall refer to https://interests.africa/ke registered as SOKE
EVENTS & ENTERPRISE LIMITED
“Website/Site”
shall refer to https://interests.africa/ke
“Venue”
shall refer to the facilities and/or location at which the Event will take
place as set out in the Order/ticket.
“You”/ “Your”/ “User” – shall refer to the individual that signs up or
purchases a ticket and enters into a contract with Interests. Africa for the
use of it’s platform.
2. Account,
Password and Security
As part of the registration process, you will create a password and
account. You must maintain the confidentiality of the password and security of
the account and are fully responsible for all use made of your account unless
you can establish to our reasonable satisfaction that the use was unauthorized
and did not result from a breach of these Terms. You agree to:
a. immediately notify Interests.Africa of any unauthorized use of your password
or account or any other breach of security; and
b. ensure that you exit from your account at the end of each session.
3. The Price, Payment and Delivery
Interests.Africa sells Tickets on behalf of Event Organizer who determines
the price and number of available spaces. Information concerning price and
availability is provided without obligation and under reservation.
We will process your purchase as promptly as possible. There may be a delay in
the processing of your ticket while payment details are verified. We accept
major credit cards, mobile money, PayPal and other payment methods like certain
digital wallet services made available during the purchase process. Accepted
payment methods may vary based on your location. We reserve the right to reject
any order or purchase at any time. By providing payment information to us, you
agree that the payment information is valid.
If your initial payment authorization is later revoked, your purchase will be
terminated. You may contact our Customer Service via (support@interests.africa)
if you believe your purchase was terminated in error.
Unless expressly specified otherwise in these Terms & Conditions, all
charges are non-refundable.
When you purchase a ticket, the price will be made clear during the order
process. You agree to pay the price stated at the time of your purchase, as
well as any applicable taxes. Applicable taxes may vary depending on the
jurisdiction. We may not be able to notify you in advance of changes in
applicable taxes.
If a stated price or other material information is determined by us in our sole
discretion to be in error, we are not under any obligation to offer you the
product or service at that price and reserve the right to cancel, terminate or
not process orders (including accepted orders). We will notify you of the error
and either provide you with a refund or give you the opportunity to cancel your
order and obtain a refund if payment has already been made.
All electronic transfer purchases by use of the aforesaid payment methods are
processed through our secure online payment system. The Event Organizer
determines how you may pay for tickets and registrations. Tickets purchased on
the Site are subject to a non-refundable per order service fee which will be
included in the ticket price. Unless stated to be otherwise, charges referred
to for any tickets or registrations supplied via the Site are stated inclusive
of VAT. All prices are stated in Kenya Shillings.
Tickets are sent to the e-mail address specified by you when you signup on
Interests.Africa. Interests. Africa shall continue to deem the e-mail address
specified by you to be correct until you update your email address in your
profile.
All communications and disputes regarding chargebacks are between the Event
Organizer and You, and we will not be responsible or liable in any way for
chargebacks issued in the course of the purchase on the Interests.Africa
platform. For purposes of this Agreement, “chargebacks” shall mean the amounts
that the merchant bank is charged back by a cardholder or a card issuer under
the card organization’s rules (e.g. cardholder dispute, fraud, declined
transaction, returned tickets for canceled events, etc.).
If you believe someone else has used your account or you are being charged for
a product you do not have, please contact our Customer Service via
support@interests.africa
4. Cancellations
and Rescheduled Events
It is your responsibility to ascertain whether an event has been cancelled
or re-scheduled and the date and time of any re-scheduled event. Where an event
is cancelled or re-scheduled and Interests.Africa is notified, we will use our
reasonable endeavors to notify you using the details you provided us with at
the time of ordering. We do not guarantee that you will be informed of such
cancellation before the date of the event.
It is your responsibility to inform us of any change to the telephone number or
email address you provide us with at the time of ordering.
Event Organizer reserves the right to change the programme due to unforeseen
circumstances. All ticket holders will be notified of any changes, if
practicably possible.
Event Organizer reserves the right to change the start and finish times of any
performance.
Artists, programme and performance details are correct at the time of sale or
print publication, but changes may be unavoidable.
5. Refunds/ Exchanges
Ticket(s) cannot be exchanged, cancelled or refunded after purchase unless
the performance is cancelled or rescheduled (subject to clause 4) or where
there is a material change to the programme of event.
Where an event is cancelled or rescheduled due to circumstances beyond our
control, or where there is a material change to the programme of the event, you
will be entitled to claim a refund from us in accordance with this clause.
A ‘material’ change to the programme of the Event is a change which, in our
reasonable opinion, makes the event materially different to the event that
purchasers of the ticket, taken generally, could reasonably expect.
Where such a refund is sought due to cancellation, rescheduling or a material
change to the programme of the event, you must bring this to our attention as
soon as possible upon becoming aware of such material change, cancellation or
where the event has been rescheduled, prior to the rescheduled event. The
refund for ticket(s) equals the price paid by you to us for such ticket.
Refunds
can be made in the form of vouchers, which you can use on Interests.Africa.
Refunds shall only be made to the person who purchased the tickets and, when
possible, be made using the same method as was used to purchase the tickets. If
we issue a discretionary refund or credit, we are under no obligation to issue
the same or similar refund in the future.
6. Authorization of User’s image and likeness
User grants the Event producer (and its designees) the right to include
User’s image, likeness, actions, and statements in any live or recorded audio,
video, film, webcast, stream, or other transmission, exhibition, simulcast, or
reproduction made of, or at, the Event in any medium or context for any
purpose, including commercial or promotional purposes, without further
authorization or otherwise.
7. Data Collection
Upon accessing and using the Site, you acknowledge and agree that we may
automatically collect, store and use your information, including but not
limited to, IP addresses, operating systems, referring web pages, locations,
mobile carriers, devices used (i.e., cell phones, laptops, tablets, among
others), search terms and cookie information (collectively, the “Derivative
Data”) to help us diagnose problems and improve the Site for user
experience. In order to purchase a Ticket(s), you acknowledge and agrees
that you may be required to provide personal information such as, but not
limited to, name, email address, mailing address, zip code, telephone number,
date of birth, financial information, age verification and/or country of
residence (collectively, the “Personal Information”). You acknowledge and
agree that we may collect, store and use the Personal Information for
legitimate business purposes, such as, but not limited to, processing
Purchaser’s payment, fulfilling Purchaser’s order, updating Purchaser with the
order status, responding to customer service requests, and providing updated
information to Purchaser respecting the Event, among others.
Additionally, as a condition to gain access to the Venue and attend the Event,
you hereby affirmatively, knowingly and voluntarily consent to us collecting,
storing and otherwise utilizing your ID at the Event gates or other points of
check-in for legitimate business purposes including your photo, legal name,
date of birth, sex, telephone number and any other personal information
obtained from your ID. If purchaser and/or ticket holder does not agree
with these terms and conditions do not purchase a ticket, enter or attend the
event or venue or elect benefits and exit the site.
8. Event Organizer’s Ownership of Work
You acknowledge and agree that (i) upon acceptance of the Terms and
Conditions set forth herein and purchase of a Ticket(s) and (ii) upon entry to
the Event, Event Organizer or its designee(s), successor(s), or assign(s) shall
have the right to use, copy, sell, distribute, record, publish, republish,
print, display, publicly perform, transmit, create derivative works or
incorporate, translate or otherwise publicly use, for purposes of trade or for
any commercial or advertising purpose or any sale, resale or other distribution
of visual, audio or audiovisual productions, including broadcast, re-broadcast,
photographs, aerial footage, live stream or other reproduction, articles of
merchandise or any other medium, whether now existing or hereinafter developed,
Your name, image, portrait, photograph, voice and/or other likeness, without
compensation or notification to, or additional consent by, you. You further
acknowledge and agree that Event Organizer or its designee(s), successor(s) or
assign(s) shall be the SOLE AND EXCLUSIVE OWNER of any such work in connection
with the Venue or Event that contains your image, voice and/or likeness.
9. Third-Party Trademarks
All third-party names, logos, product and service names, designs, and
slogans (collectively, “Third-Party Trademark(s)”) contained in the site are
the property of their respective owners. Third-Party Trademarks are used by
Interests.Africa to refer to the owners of the Third-Party Trademark(s) in
question and use by Interests.Africa is not intended to (and does not)
constitute or imply any kind of relationship between Interests.Africa and the
owners of the Third-Party Trademark(s) in question, including any affiliation,
sponsorship, endorsement or approval of products and/or services, unless
otherwise expressly indicated.
10. Lost, Stolen or Destroyed Tickets
We assume no legal, financial, or other liability whatsoever for any lost,
stolen or destroyed Tickets. Upon delivery of your Tickets, we shall have
no further responsibility or legal liability relating thereto. You assume
100% risk of loss relating to the tickets. If you obtain Ticket(s) from
any unauthorized source(s), you assume all risks associated with such
Ticket(s), including that such Ticket(s) may have been reported lost or stolen
or that such Ticket(s) may be counterfeit, and in all cases, such ticket(s)
shall be void and dishonored. The unlawful or unauthorized resale or
attempted resale of Tickets is grounds for forfeiture of such Tickets and
revocation of your License without compensation to you. You may not use
this Ticket for advertising, promotion (including, but not limited to,
contests, games and/or any other promotions), or other trade purposes without
the express written consent of Event Organizer. Event Organizer also
reserves the right to investigate orders suspected to be in violation of this
Agreement and shall be the sole and final arbiter regarding violations or
potential violations of this Agreement.
11. Loss or Damage to Personal Property; Personal Injury
You hereby assume any and all risks, whether or not expressly set forth in
this Agreement, as well as any risks or dangers incidental to, or in any way
relating to, the Event, the purchase of tickets hereunder or use of the Site,
including those arising from, or relating to, the acts or omissions of third
parties (including Artists, Event attendees, Venue owners, operators, staff,
employees or agents; or Event Organizer, its affiliates, subsidiaries,
officers, directors, employees, members, partners, agents or designees),
including risk of loss or damage to your personal property and risks of
personal injury. Event Organizer and its respective Indemnities, designees,
successors or assigns shall not be held responsible, legally, financially or
otherwise, (i) for any personal property that is left, lost, stolen, destroyed,
confiscated, damaged or misplaced anywhere in the Venue or at Venue
access/entry points, or (ii) for personal injuries sustained by you arising
from, or relating to, the following non-exhaustive list: extremely loud sounds
and special effects, such as flashing lights, rapidly changing or alternating
images, the use of fog, haze or smoke with theatrical stage lighting, laser
projections, strobe lights and fireworks, whether such injuries or manifestation
of such injuries occur during or subsequent to the Event. You further
acknowledge and agree that we shall have no legal obligation to mitigate any of
your potential or actual losses sustained hereunder.
12. Ticket Holder’s Conduct
Event Organizer maintains a zero-tolerance policy regarding illegal or
illicit drug use and other unlawful or other wrongful misconduct at and around
the Event and Venue. In order to gain entry into the Venue, you hereby
affirmatively, knowingly, intelligently and voluntarily consent to be searched
by Event Organizer for the presence of illegal or illicit drugs, weapons and/or
other prohibited items prior to or during your presence at the Event or
Venue. You hereby acknowledge and agree that the discovery of any prohibited
items shall constitute a material breach of this Agreement and a violation of
Event Organizer’s policies and terms and conditions and shall correspondingly
give Event Organizer the right to confiscate any such prohibited item(s) and/or
correspondingly give Event Organizer the right to immediately revoke your
License to access the Venue, and to deny you any future entry to the Event or
Venue without any legal or financial liability to Event Organizer.
13. Protection of Confidential Information
Each Party acknowledges that all Confidential Information is disclosed by
the other Parties in reliance upon the terms of this Agreement, and only for
the purposes of enabling them to fulfill their obligations under this
Agreement, and that the Confidential Information shall remain the sole and
exclusive property of the disclosing Party. Each Party agrees that, during the
term and after the termination or expiration of this Agreement, it will:
a. keep the Confidential Information secret and confidential at all times;
b. not use Confidential Information except pursuant to the terms of this
Agreement;
c. not disclose any Confidential Information to any party (except to their
employees, contractors, agents, professional advisers, and then only on a need-
to-know basis), unless required by law or with the prior written approval of
the Party that owns such Confidential Information; and
d. notify the owner immediately if they become aware of any unauthorized access
to, or use or disclosure of, any Confidential Information of the owner.
14. Indemnification
You agree to indemnify, defend and hold Interests.Africa, its affiliates,
investors, licensors, suppliers, advertisers and sponsors, and their respective
employees, consultants, agents and other representatives ("Indemnified
Parties") harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys' fees) and other expenses that arise
directly or indirectly out of or from:
a. your breach of any of these terms and conditions;
b. any allegation that any information you submit or transmit to the site
infringe or otherwise violates the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or
c. your activities in connection with your use of this site.
15. Warning Related to COVID-19 and Other Diseases or Illnesses
COVID-19 is an extremely contagious disease that can lead to severe illness
and death. An inherent risk of exposure to and contraction of COVID-19
exists in any place or venue where people gather. You assume any and all
risks, costs, and harms arising from or relating in any way to the risk of
contracting, exposure to, or contraction of a communicable disease or
illness—including, without limitation, COVID-19 or any other virus, bacteria,
or other pathogen—and you hereby waive any and all claims and potential claims
against Interests.Africa, and the Indemnified Parties (as such term is defined
below) relating to such risks, harms, and/or exposures.
16. Severability
If any term or provision of this Agreement is found by a court or other
tribunal of competent jurisdiction to be invalid, illegal or otherwise
unenforceable, the unenforceable provision shall not affect the otherwise valid
terms, provisions, spirit of, or the whole of this terms and conditions. The
applicable terms or provisions shall be deemed modified to the extent necessary
to render such provision enforceable, and the rights and obligations of the
parties shall be construed and enforced accordingly, preserving to the fullest
permissible extent, the intent and agreements of the parties set forth in this
Agreement.
17. Assignment
Interests.Africa shall, at all times, have the right to assign or delegate
any or all of its rights, titles, interests or duties under this Agreement
without prior notification to, or consent by, either Purchaser and/or Ticket
Holder. Neither Purchaser nor Ticket Holder shall have the right to
assign any of their respective rights or interests in and to this terms and
conditions without the prior written consent of the Event Organizer (which
consent may be withheld, delayed or conditioned by Event Organizer in its sole
discretion), including any potential claims that Purchaser or Ticket Holder may
assert in relation to any Disputes arising under this Agreement. Any
attempt to assign any rights under this Agreement in contravention of the terms
of this Agreement shall constitute a material breach by Purchaser or Ticket
Holder and shall be void.
18. DISCLAIMERS AND
LIMITATIONS ON LIABILITY
No Warranty
The site, the materials on the site and any ticket or service obtained through
the site is provided "as is" and without warranties of any kind,
either express or implied. Interests.Africa disclaims, to the fullest extent
permitted under applicable law, all warranties, express or implied, with
respect to the site, the materials, and any tickets or service obtained through
the site, including, without limitation, implied warranties of title,
non-infringement of third-party rights, merchantability, and fitness for a
particular purpose, and any warranties that may arise from course of dealing or
usage of trade. Interests.Africa does not warrant that your use of the site
will be uninterrupted, error-free or secure, that defects will be corrected, or
that the site is free of viruses or other harmful components. You assume all
responsibility and risk for your use of the site and your reliance thereon.
Interests.Africa is not responsible in any way for the accuracy or suitability
of any payment of taxes to any entity on your behalf. Your use of the site and
any materials provided through the site are entirely at your own risk. You
should use your best judgment and exercise caution where appropriate.
Limitation of Liability
Neither Interests.Africa nor any other indemnified party are or will be
responsible or liable to you or to any third party for any indirect,
incidental, consequential, special, exemplary, or punitive damages of any type
(including, without limitation, damages for loss of business or lost profits)
as well for as any multiplier on or increase to damages, under any contract,
tort, negligence, strict liability, statutory, common law, equitable, or other
theory arising out of or relating in any way to the site, the materials on the
site or any ticket or service obtained through the site (including attendance
at any event). Without limiting the foregoing, you expressly acknowledge and
agree that Interests.Africa and any other indemnified party shall have no
liability or responsibility whatsoever for:
a. any action of another user on the site;
b. personal injury or property damage, of any nature whatsoever, whether
arising in contract or in tort, resulting from your access to or use of the
site, or attendance at an event, including any claim, cause of action,
obligation, liability, right, or remedy whether or not arising from the
negligence of Interests.Africa;
c. any unauthorized access;
d. any interruption or cessation of transmission to or from the site;
e. any bugs, viruses, worms, defects or other items of a destructive nature
which may be transmitted to or through the site by any third party;
f. any error, mistake, inaccuracy or omission in any materials, or for any loss
or damage of any kind incurred as a result of the use of any materials
available through the site; and/or
g. any lost, stolen or damaged tickets.
The maximum liability of Interests.Africa, and any other indemnified party, and
your sole and exclusive remedy, for all damages, losses suffered by you and
causes of action, whether in contract, tort (including, without limitation,
negligence) or otherwise, shall be the total amount paid by you, if any, to
access the site over the past twelve (12) months.
You acknowledge and agree that neither Interests.Africa nor any of the
indemnified parties are liable, and you agree not to seek to hold
Interests.Africa and the indemnified parties liable, for the conduct of third
parties, including but not limited to ticket sellers, operators of venues and
event organizers/promoters, and that the risk of injury from such third
parties, sites and locations rests entirely with you.
19. Force Majeure
Interests.Africa shall not be deemed in default or otherwise liable under
these terms and conditions due to its inability to perform its obligations by
reason of any act of God, fire, earthquake, blizzard, flood, epidemic,
pandemic, danger to public health or safety, accident, explosion, casualty,
strike, lockout, labor controversy, riot, civil disturbance, act of public
enemy, embargo, war, law, ordinance, regulation, failure or delay of any
transportation, power, or communications system or any other similar cause not
under Interest.Africa’s control.
20. Dispute Resolution
The Parties shall use their good faith and efforts to resolve any dispute,
controversy or claim of any nature whatsoever arising out of or in relation to
or in connection with this agreement. To this end, either Party in dispute
shall each promptly appoint senior representatives or members of the board of
directors of the Parties of who shall meet and attempt to resolve any dispute
between them.
In the event that an amicable settlement has not been reached within
twenty-eight (28) working days of the Parties representatives meeting as
aforesaid, the dispute shall be referred to arbitration by a single arbitrator
to be appointed by the chairman of the Kenya Branch of the Chartered Institute
of Arbitrators. The provisions of the Arbitration Act of Kenya (1995) and the
rules of the Chartered Institute of Arbitrators (Kenya Branch) shall apply to
such arbitration proceedings. The place of arbitration shall be Nairobi and the
language of the arbitration shall be English. The award of the arbitrator shall
be final and binding upon the Parties and any Party may apply to a court of
competent jurisdiction for enforcement of such award. The award of the
arbitrator may take the form of an order to pay an amount or to perform or to
prohibit certain activities.
To the extent permitted by applicable law, the Arbitrator’s decision shall be
final and binding (in the absence of manifest error) upon the Parties and may
only be referred to court for the purpose of enforcement.
Each Party shall bear its own costs of preparing and presenting its case.
The costs of the arbitration (including fees and expenses of the arbitrators)
shall be shared equally between the Parties unless the arbitration award
provides otherwise.
The Parties may irrevocably elect that a dispute be heard by a court of law and
not determined by arbitration. The Parties must make the election before they
commence arbitration and such agreement must be recorded in writing in a deed
signed by or on behalf of all Parties. If such an election is made, the
Parties agree to submit to the non-exclusive jurisdiction of the Kenyan courts.
The terms of this Agreement shall not prevent or delay the Parties from seeking
orders for specific performance or interim or final injunctive relief on a
without notice basis or otherwise.
Any order, award, or other decision or finding of a court of competent
jurisdiction and/or the arbitrator or any Agreement reached by way of
settlement between the Parties in respect of any dispute, disagreement or
question arising out of or in relation to or in consequence of these terms or
relating to its construction or performance shall be enforceable in any
jurisdiction in which either of the Parties has assets.
21. Electronic Notification
You consent to receive notifications from us electronically to the email
address and the telephone number you provide to us. You agree that all notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing, or be
delivered in a particular manner. You agree that you have the ability to store
such electronic communications such that they remain accessible to you in an
unchanged form.
22. Law and Jurisdiction
This Agreement, its validity, construction and performance shall be
governed by, and construed in accordance with the laws of Kenya. Any claims
arising from this Agreement shall be subject to Kenyan laws.