Terms of Services
Accepting These Terms
TERMS AND CONDITIONS – Ticket Yetu
Please read this Agreement carefully in its entirety. This Agreement, which is a legally binding document, includes, among its other terms, restrictions, limitations and conditions (including limitations on liability) and waivers of important legal rights.
By entering into this Agreement, you acknowledge that you are freely and voluntarily consenting to use of your personal data and legal rights. If you do not agree with any of the terms, waivers, limitations, restrictions and/or other conditions set forth in this agreement, or if you do not agree with, or agree to assume, the risk(s) set forth in this agreement, do not purchase a ticket, elect benefits, utilize the services being offered, enter or attend the event or venue and/or enter into this Agreement.
For the purpose 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 entertainment event held at the Venue including, without
limitation, a theatrical performance, concert or exhibition as set out in the
“Event Organizer/Provider” shall refer the individual or organization that provides the Event at the Venue (if not us).
“Indemnified Parties” shall refer to Ticket Yetu 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 Companu 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://ticketyetu.com/
“Website/Site” shall refer to https://ticketyetu.com/
“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” – the individual that places an Order and enters into a Contract with Ticket Yetu for the purchase of Tickets.
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 Ticket Yetu 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
Ticket Yetu 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.
All electronic transfer purchases by use of Debit/ Credit cards and Mpesa payments 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 placing the order. Ticket Yetu shall continue to deem the e-mail address specified by you to be correct until you inform Ticket Yetu of a new e-mail address.
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, 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 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.
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 Ticket Yetu to refer to the owners of the Third-Party Trademark(s) in question and use by Ticket Yetu is not intended to (and does not) constitute or imply any kind of relationship between Ticket Yetu 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 Indemnitees, 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 yourLicense 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 fulfil 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.
You agree to indemnify, defend and hold Ticket Yetu, 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 Ticket Yetu, and the Indemnified Parties (as such term is defined below) relating to such risks, harms, and/or exposures.
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.
Ticket Yetu 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
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. Ticket Yetu 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. Ticket Yetu 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. Ticket Yetu 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 Ticket Yetu 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 Ticket Yetu 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 Ticket Yetu;
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 Ticket Yetu, 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 greater of (a) the total amount paid by you, if any, to access the site over the past twelve (12) months.
You acknowledge and agree that neither Ticket yetu nor any of the indemnified parties are liable, and you agree not to seek to hold Ticket Yetu 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
Ticket yetu 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 ticket yetu 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) 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. 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.