GENERAL TERMS AND CONDITIONS FOR USERS.
These Terms and Conditions ("Terms") govern the use of the Oontztopia Platform
("Platform") by Users ("You"). By accessing or using the Platform, You agree to comply
with these Terms and all the other terms and conditions in various documents and
policies of the Company, including but without limitation, to the Data Protection &
Privacy Policy.
RECITALS
WHEREAS, Oontztopia (“Company”) operates an online platform (“Platform”)
providing access various event tickets, merchandise, goods and services.
WHEREAS, You wish to gain access to the Company’s Platform and avail the event
tickets, products & services offered therein;
WHEREAS, the Company and You agree to enter into this agreement to outline the terms
and conditions governing Your use of the Platform;
WHEREAS, Payment Method means a current, valid, accepted method of payment, as
maybe updated from time to time,
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the Company and You agree as follows:
ACCEPTANCE
1.1.You agree that by accessing, browsing, registering for an account, purchasing
tickets, joining any guest list, subscribing to newsletters, attending an event,
participating in promotions, or otherwise using the Website ,you acknowledge
that you have read, understood, and agree to be bound by these Terms and
Conditions and our Privacy Policy.CONSENT TO MARKETING & PROMOTIONAL CONTENT
2.1.Subject to applicable law, you expressly consent to Oontztopia collecting,
processing, storing and using your personal information for marketing,
promotional and customer engagement purposes.
2.2.Oontztopia may collect, store, use, analyse, and process your personal
information for the purpose of operating the Website, providing their Services,
managing customer relationships, improving user experience, conducting
analytics and market research, and complying with applicable legal
obligations.
2.3.Subject to applicable law, you consent to receiving marketing, promotional,
and commercial communications from Oontztopia relating to its events,
products, services, promotions, competitions, offers, partners, sponsors, and
affiliated entities.
2.4.Oontztopia may communicate with you through email, SMS, telephone calls,
WhatsApp, push notifications, social media platforms, in-app/website
notifications, or any other electronic communication channels you have
provided or permitted.
2.5.Oontztopia may engage third-party service providers and business partners to
assist in delivering its Services, marketing activities, analytics, customer
relationship management, and other business operations, and may share your
personal information with such parties where necessary and in accordance
with applicable law.
2.6.Oontztopia reserves the right to modify its marketing strategies,
communication methods and customer engagement practices from time to
time, provided that such changes remain consistent with applicable law and
the Oontztopia Privacy Policy.
2.7.Withdrawal of consent will not affect the lawfulness of any processing carried
out before such withdrawal or the sending of service-related or legally required
communications.
3. AGE AND ELIGIBILITY REQUIREMENTS
3.1.By using the Platform, You affirm that you are 18 years or older to enter into
these Terms, or, if You are not, that you are 13 years or older and have obtained
parental or guardian consent to enter into these Terms.
4. PLATFORM USAGE
4.1.You agree not to engage in any activity that may:
a) Violate any applicable laws or regulations.
b) Infringe upon the rights of others.
c) Interfere with the operation or security of the Platform.
d) Use the Platform to distribute spam, viruses, or other harmful content.
5. PRICING & PAYMENT
5.1.The Platform facilitates the processing of Payment Transactions to complete a
payment for a purchase .The Service will store information from Users, such as
their Payment Instruments, and will process Payment Transactions .
5.2.NoReplay does not store full debit or credit card details. Payment card
information is processed by licensed payment service providers.
5.3.Prices do not include applicable taxes and possible transaction fees, which will
be added to your order total at checkout. You are responsible for paying all
taxes and other possible transaction fees associated with their purchase.
5.4. Payments on the Platform can be made using different available payment
methods. The Company may use third-party payment processors to facilitate
transactions, and your use of such processors is subject to their Terms and
Conditions.
CONTENT AND INTELLECTUAL PROPERTY
6.1.You retain ownership of any content you submit or upload to the Platform.
6.2. You grant the Company a non-exclusive, royalty-free, worldwide license to
use, reproduce, modify, adapt, publish, translate, and distribute such content
for the purpose of operating and promoting the Platform.
6.3.The Company respects the intellectual property rights of others and expects
You to do the same. You agree not to infringe upon the intellectual property
rights of third parties.CONSENT TO PHOTOGRAPHY
7.1.By attending an event organized or promoted by Oontztopia, you
acknowledge that photographs, audio recordings and video recordings may be
captured.
7.2.Subject to applicable law, you grant Oontztopia a non-exclusive, worldwide,
royalty-free licence to use your likeness, image, voice and appearance captured
at public event spacesPRIVACY AND DATA PROTECTION
8.1.The Company collects and processes personal information in accordance with
its Privacy Policy.
8.2.You consent to the collection, use, and disclosure of your personal information
as described in the Privacy Policy.
8.3.You are responsible for maintaining the confidentiality of your personal
information and for any consequences resulting from unauthorized access to
your details.
LICENSES THAT YOU GRANT US
9.1.Content Experience
In any part of the Platform, the Content that You access, including its selection
and placement, maybe influenced by commercial considerations, including the
Company’s agreements with third parties.
9.2.Your Device
You grant to the Company the right
(1) to allow the Platform to use your processor, bandwidth, and storage
hardware on your Device in order to facilitate the operation of the Platform,
(2) to provide advertising and other information to You, and
(3) to allow our business partners to do the same.
9.3.Feedback
If You provide ideas, suggestions, or other feedback in connection with their use
of the Platform or any Content ("Feedback"), such Feedback is not confidential and
maybe used by the Company without restriction and without payment to you.
10. SERVICE LIMITATIONS AND MODIFICATIONS
The Company uses reasonable efforts to keep the Platform operational and to
provide You with a personalized, immersive experience. However, the Company
reserves the right to change its Platform’s offerings and its availability from time
to time, without notice or liability to You. For example:
a) The Platform may experience temporary interruptions due to technical
difficulties, maintenance or testing, or updates, including those required to
reflect changes in relevant laws and regulatory requirements.
b) The Company aims to evolve and improve the Platform constantly, and may
modify, suspend, or stop (permanently or temporarily) providing all or part of
the Platform (including particular functions, features, and promotional
offerings).
11. THIRD-PARTY APPLICATIONS, DEVICES AND OPEN SOURCE
SOFTWARE
The Platform maybe integrated with, or may otherwise interact with, third-party
applications, websites, and services ("Third-Party Applications") and third-party
personal computers, mobile handsets, tablets, wearable devices, and other devices
("Devices"). Your use of such Third-Party Applications and Devices maybe subject
to additional terms, conditions, and policies provided to you by the applicable
third party. The Company does not guarantee that Third-Party Applications and
Devices will be compatible with the Platform.
12. TERMINATION
12.1. The Company reserves the right to suspend or terminate your access to the
Platform at any time and for any reason, without prior notice, in the event that
you are in violation of the terms and conditions contained herein and/or the
policies of the Company.
REFUNDS
Please review the Refund Policy carefully before making payment for Event
Tickets and Products offered in the platform. By proceeding with a payment, you
acknowledge that you have read, understood, and agreed to the terms of the
Refund Policy as published on the platform.
14. MODIFICATIONS TO TERMS
14.1. The Company reserves the right to modify or update these Terms at any
time without prior notice.
14.2. You are responsible for reviewing these Terms periodically for changes.
15. SEVERABILITY AND WAIVER
15.1. Unless as otherwise stated in these Terms, should any provision of these
Terms be held invalid or unenforceable for any reason or to any extent, the
remaining provisions of these Terms will not be affected, and the application
of that provision shall be enforced to the extent permitted by law.
15.2. Any failure by the Company or any third-party beneficiary to enforce these
Terms or any provision thereof shall not waive the Company’s or the
applicable third-party beneficiary's right to do so.
ASSIGNMENT
16.1 The Company may assign any or all of these Terms, and may assign or
delegate, in whole or in part, any of its rights or obligations under these
Terms.
GOVERNING LAW
17.1These Terms shall be governed by and construed in accordance with the
laws of the Republic of Kenya.
17.2Any disputes arising out of or relating to these Terms shall be subject to
the exclusive jurisdiction of the courts of the Republic of Kenya.
By accessing or using this Platform, You agree to be bound by these Terms
and Conditions. If you do not agree with these Terms, do not access or use the
Platform.