Tikosocial Terms and Conditions

Overview

Tikosocial 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:

"You" or Merchant or Seller: An individual, organization, or company that applies to, or registers to use, or uses Tikosocial platform to sell or distribute tickets and have payments processed by Tikosocial for their customers.

Customer or Buyer: A person that makes purchases or books a ticket using Tikosocial.

Tikosocial: 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.

Payment Transaction: The processing of a payment through Tikosocial 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.

Transaction Fees: The levy charged to the merchant for anything transacted through the Tikosocial platform.

Event: Any event that is listed for sale or ticket booking by a merchant that a customer may pay for using Tikosocial.

Purchase Amount: The amount of a Payment Transaction to pay for an event and any related fees or taxes as applicable.

Tikosocial Account: Merchants' virtual account (sellers' dashboard) on Tikosocial through which they are able to manage their event and view payments made.

2. Requirements for registration

In order to use Tikosocial, you hereby consent to provide and agree to complete all required information elements on Tikosocial registration web pages. You must register a valid bank account and M-PESA enabled number to receive remittance from Tikosocial. 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 Tikosocial, or to assist in determining whether to permit you to continue to use Tikosocial. 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;
• Capable of entering into a legally binding agreement.

3. Payment processing

Tikosocial allows merchants to upload events on our platform and facilitate the processing of Payment Transactions to complete a payment for a purchase between the Merchant and a Customer. Tikosocial 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 Tikosocial policies, as determined in Tikosocial's sole and absolute discretion.

Merchant authorizes Tikosocial to charge or debit to Merchants Tikosocial account the necessary charge necessary to complete processing of a Payment Transaction by a Customer.

Merchant also authorizes the charge or debiting of Merchants Tikosocial account in connection with reversals, chargebacks, refunds, or adjustments that may arise from customer payments.

Ticket payments are processed by Paystack. Settlement of the Merchant's share of ticket sales is made to the Merchant's registered M-PESA or bank account in accordance with Paystack's settlement schedule and the settlement arrangements applicable to the event, after deduction of applicable fees and charges. Settlement timelines depend on Paystack and its mobile money and banking partners and are not guaranteed. Tikosocial may delay, withhold or reverse settlement where an event is under review, a dispute, chargeback, refund or cancellation is pending, or where required by law, by Paystack or by a regulator. Because settlements may be paid before the event takes place, the Merchant remains responsible for refunds to Buyers where an event is cancelled (see “Merchant Event Cancellation and Refund Obligation” below), and Tikosocial may deduct refund amounts from any current or future settlements.

Merchant Event Cancellation and Refund Obligation

As a Merchant/Event Organizer by registering and using the Tikosocial 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.

Tikosocial reserves the right to process refunds directly to buyers, regardless of your consent, if your event is cancelled 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. Tikosocial may deduct the refund amounts from any future settlements or take other necessary actions to ensure buyers are reimbursed.

By registering and using the Tikosocial 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, Tikosocial 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 Tikosocial 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 Tikosocial at any time, including hours of operation or availability of Tikosocial or any Tikosocial feature, without notice and without liability. We also reserve the right to impose limits on certain Tikosocial features or restrict access to parts or all of Tikosocial without notice and without liability.

We do not warrant that the functions contained in Tikosocial 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 Tikosocial).

We may limit or suspend your use of Tikosocial at any time, in our sole and absolute discretion. If we suspend your use of Tikosocial, we will attempt to notify you by your registered electronic mail on your Tikosocial account.

5. Tikosocial account information

• You agree to maintain the confidentiality of your Tikosocial Account.
• We are not liable to you for any and all transactions by persons that you give access to or that otherwise use your Tikosocial account.
• We are not liable to you for any and all consequences of use or misuse of your Tikosocial account by persons that you give access to or that otherwise use your Tikosocial account.
• You agree to notify us immediately of any unauthorized use of your Tikosocial account or any other breach of security regarding Tikosocial of which you have knowledge.

6. Privacy and data protection

You understand and agree that personal information provided to us in connection with Tikosocial is subject to Tikosocial'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 Tikosocial to upload events on our platform. Tikosocial fee is applicable only when tickets are purchased from the platform.

There is a NO REFUND policy on our fee after transactions are completed using Tikosocial.

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. Tikosocial 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 Tikosocial 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 Tikosocial are required to issue full or partial refunds, as applicable, if their event is cancelled, 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 [email protected] and we will forward your request to the respective Event Organizer for their consideration and approval.

B. Tikosocial Limitation of Liability

Tikosocial 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 Tikosocial directly.

C. Ticket Security and Responsibility

As a buyer, you are responsible for keeping your ticket safe and secure. Tikosocial 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 [email protected] 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://tikosocial.com/sign-up using the email address you used to purchase the ticket. Alternatively, you may email us at [email protected] 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 Issues, Complaints, and Requests

All official issues, complaints, and requests must be submitted via our email channel at [email protected]. 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

Tikosocial 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. Tikosocial is not a banking institution

Tikosocial processes Payment Transactions on behalf of Merchants. Tikosocial 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 Tikosocial 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 Tikosocial, 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 Tikosocial, including without limitation by deactivating your Tikosocial account and to refuse future access to Tikosocial 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 Tikosocial.

17. Limitations of liability; force majeure

Tikosocial shall not be liable to the Merchant or Buyer in the event of any disruption of Tikosocial or the Payment Platform or any part thereof resulting from Force Majeure and Tikosocial may suspend Tikosocial 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 Tikosocial 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 Tikosocial 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 Tikosocial 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 Tikosocial 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 Tikosocial and terminate your account which you can request by contacting us at [email protected].

20. Contact information

Questions about the Terms of Service should be sent to us at [email protected].