Terms & Conditions

In this Agreement, the following definitions apply:

• "Platform" means the TikitiSalama website, web application, and all related services operated by the Platform Operator.
• "User" means any individual or entity that accesses or uses the Platform in any capacity, including Buyers, Organisers, and Scanners.
• "Buyer" means a User who registers on the Platform to purchase tickets for events.
• "Organiser" means a User who registers on the Platform to create, publish, and manage events and sell tickets thereto.
• "Scanner" means a User authorised by an Organiser to verify and scan tickets at events.
• "Event" means any gathering, performance, conference, or other occurrence listed on the Platform by an Organiser.
• "Ticket" means a digital proof of entitlement to attend an Event, which may be backed by a blockchain token on the Polygon network.
• "M-Pesa" means the mobile payment service operated by Safaricom PLC.
• "Blockchain Ticket" means a Ticket represented as a non-fungible or fungible token minted on the Polygon blockchain network.
• "Platform Fee" means the service charge levied by the Platform Operator on each transaction, as disclosed at the point of purchase.
• "Content" means all text, images, data, and other material submitted to or published on the Platform by any User.
• "Intellectual Property Rights" means all patents, trade marks, service marks, copyright, design rights, database rights, trade secrets, and all other proprietary rights whether registered or unregistered.

2.1 You must be at least eighteen (18) years of age and have full legal capacity to enter into a binding contract to use the Platform. By registering, you represent and warrant that you satisfy these requirements.

2.2 You agree to provide accurate, complete, and current registration information and to promptly update such information if it changes. Providing false, misleading, or fraudulent registration information constitutes a material breach of this Agreement and may result in immediate account suspension or termination.

2.3 You are solely responsible for maintaining the confidentiality of your account credentials. All activities conducted through your account are your sole responsibility regardless of whether such activities were authorised by you. You must notify us immediately upon becoming aware of any unauthorised use of your account.

2.4 We reserve the right to refuse registration, suspend, or terminate any account at our sole and absolute discretion, with or without notice, and without liability to you.

2.5 Organiser accounts are subject to an identity and business verification process. Verification approval is at the sole discretion of the Platform Operator. Approval does not constitute an endorsement of the Organiser, any Event, or any Organiser representation.

3.1 The Platform Operator provides a technology intermediary service that connects Buyers with Organisers. The Platform Operator is not a party to any contract of sale between a Buyer and an Organiser for the purchase of Event tickets. The contract for the purchase of a Ticket is formed exclusively between the Buyer and the Organiser.

3.2 The Platform Operator does not organise, operate, own, control, endorse, or guarantee any Event listed on the Platform. All Event details, including without limitation date, time, venue, lineup, and ticket conditions, are the sole responsibility of the Organiser who created and published the listing.

3.3 The Platform Operator shall not be liable for any failure, cancellation, postponement, alteration, or unsatisfactory performance of any Event. Any such disputes are strictly between the Buyer and the Organiser.

3.4 The Platform Operator facilitates payments via M-Pesa as a pass-through mechanism. The Platform Operator does not hold client money and is not a payment institution, money-market fund, or financial services provider regulated as such.

4.1 By listing an Event on the Platform, the Organiser irrevocably represents and warrants that:

• The Event will take place as described and the Organiser has all necessary licences, permits, authorisations, and approvals to hold the Event;
• All information submitted in the Event listing is accurate, truthful, and not misleading;
• The Organiser has full authority to sell tickets to the Event and to grant Buyers right of admission;
• The Event will not involve any illegal activity, public disorder, hate speech, or material that infringes the rights of any third party;
• The Organiser will honour all valid Tickets, including those bearing blockchain verification tokens, and will not deny admission to Buyers holding valid Tickets except as permitted by law.

4.2 The Organiser shall indemnify, defend, and hold harmless the Platform Operator, its officers, employees, agents, and successors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising out of or relating to any breach of the warranties in clause 4.1, any Event cancellation or failure, any claim by a Buyer arising from the Event, or any violation by the Organiser of applicable law.

4.3 In the event of an Event cancellation, the Organiser is solely responsible for notifying affected Buyers and for arranging refunds in accordance with applicable law and the Platform's refund framework. The Platform Operator may at its sole discretion facilitate such refunds and deduct any associated costs from Organiser payouts.

5.1 Buyers agree to use Tickets solely for lawful personal use and only to attend the specific Event for which the Ticket was issued.

5.2 Buyers must not resell, transfer, duplicate, counterfeit, or commercially exploit Tickets without the prior written consent of the Organiser and the Platform Operator.

5.3 Buyers acknowledge that admission to an Event is subject to the Organiser's venue rules and that neither the Platform Operator nor the Organiser is obliged to grant admission where the Buyer is in breach of such rules, including but not limited to age restrictions, dress code, or code of conduct requirements.

5.4 All ticket purchases are made at the Buyer's own risk. The Platform Operator does not guarantee the quality, safety, or suitability of any Event and accepts no liability in this regard.

6.1 All prices are displayed in Kenyan Shillings (KES) and include applicable taxes unless otherwise stated. The Platform Operator reserves the right to modify pricing and fee structures at any time with notice.

6.2 Payments are processed through M-Pesa. The Platform Operator acts as the collection agent on behalf of the Organiser. The Platform Operator deducts the applicable Platform Fee and Organiser service fee prior to disbursing the balance to the Organiser.

6.3 The Platform Fee and any applicable buyer service charges are non-refundable regardless of the circumstances of any Ticket cancellation or refund, unless otherwise required by applicable law.

6.4 Early-bird pricing, promotional pricing, and tiered pricing are offered at the sole discretion of the Organiser. The Platform Operator makes no warranty that any particular pricing will remain available.

6.5 In the event of a payment error, duplicate charge, or technical failure during checkout, the Buyer must contact us within thirty (30) days of the transaction date. Claims received outside this period may be declined at our discretion.

7.1 Refund eligibility is determined by the Organiser's refund policy as stated at the time of purchase and applicable Kenyan consumer-protection law.

7.2 The Platform Operator may, at its sole discretion and without obligation, facilitate refund processing through the Platform. Processing times for M-Pesa refunds are subject to Safaricom's operational timelines and are not within the Platform Operator's control.

7.3 Blockchain-minted Tickets that have been transferred, resold, or used cannot be refunded. The irreversible nature of blockchain transactions is an inherent characteristic of the technology and the Platform Operator accepts no liability for losses arising therefrom.

7.4 Where an Organiser cancels an Event, the Platform Operator may initiate refunds from funds held in the Platform's collection account where such funds have not yet been disbursed. Where funds have been disbursed to the Organiser, the refund obligation rests entirely with the Organiser.

8.1 Certain Tickets may be represented as tokens on the Polygon public blockchain. By purchasing a Blockchain Ticket, you acknowledge and accept that:

• Blockchain transactions are irreversible and cannot be undone by the Platform Operator;
• On-chain data is permanently publicly visible and cannot be deleted;
• The Platform Operator does not operate or control the Polygon network and accepts no liability for network congestion, forks, outages, or any other blockchain infrastructure events;
• You are solely responsible for securing any wallet credentials associated with your Blockchain Tickets;
• Loss of wallet access may result in permanent, irrecoverable loss of the Ticket with no recourse against the Platform Operator.

You must not, and must not attempt to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
• Circumvent, disable, or otherwise interfere with security-related features of the Platform;
• Attempt to gain unauthorised access to any part of the Platform, its servers, or any connected system;
• Transmit any virus, malware, or other malicious code through the Platform;
• Use automated scripts, bots, scrapers, or crawlers to access or extract data from the Platform without prior written authorisation;
• Post or transmit any Content that is defamatory, obscene, threatening, fraudulent, or that infringes any third party's rights;
• Create multiple accounts to circumvent bans, rate limits, or other access restrictions;
• Engage in ticket scalping, fraudulent Event listings, or any form of consumer deception.

Violation of this clause may result in immediate account termination and referral to law-enforcement authorities without notice.

10.1 All Intellectual Property Rights in the Platform, including its design, software, trade marks, logos, and proprietary content, are and remain the exclusive property of the Platform Operator or its licensors. Nothing in this Agreement transfers any such rights to you.

10.2 By submitting Content to the Platform (including Event listings, images, and descriptions), you grant the Platform Operator a worldwide, royalty-free, non-exclusive, perpetual, sublicensable licence to use, reproduce, display, distribute, and adapt such Content for the purposes of operating and promoting the Platform.

10.3 You represent and warrant that any Content you submit does not infringe any third party's Intellectual Property Rights and that you have all necessary rights to grant the above licence.

11.1 THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE PLATFORM OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

11.2 THE PLATFORM OPERATOR DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE AT ALL TIMES, THAT IT WILL BE FREE FROM ERRORS OR DEFECTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

11.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OPERATOR OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM OPERATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, OR ANY BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT THEREON, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE PLATFORM OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM OPERATOR'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL PLATFORM FEES ACTUALLY PAID BY YOU TO THE PLATFORM OPERATOR IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR KES 5,000 (FIVE THOUSAND KENYAN SHILLINGS), WHICHEVER IS LOWER.

12.3 The Platform Operator is not liable for: (a) the acts or omissions of Organisers, including Event cancellations, failures, or misrepresentations; (b) losses arising from M-Pesa service interruptions or errors attributable to Safaricom; (c) losses arising from the Polygon blockchain network or any smart-contract malfunction; (d) unauthorised access to your account arising from your failure to safeguard your credentials; or (e) any loss arising from your reliance on any third-party content published on the Platform.

12.4 Nothing in this Agreement excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable Kenyan law.

You agree to indemnify, defend, and hold harmless the Platform Operator and its officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) any Content you submit to the Platform; (c) your breach of this Agreement or any applicable law; (d) your breach of any third party's rights, including Intellectual Property Rights; or (e) any fraud, wilful misconduct, or negligence on your part. This indemnity obligation shall survive termination of this Agreement.

14.1 The Platform Operator may, at its sole and absolute discretion, suspend or permanently terminate your access to the Platform at any time, with or without notice and with or without cause, and shall not be liable to you for any resulting loss or damage.

14.2 Upon termination: (a) your right to access the Platform ceases immediately; (b) all pending transactions may be cancelled or voided at the Platform Operator's discretion; (c) the Platform Operator may retain data as required by law and as set out in the Privacy Policy; and (d) provisions of this Agreement that by their nature survive termination shall remain in full force and effect.

14.3 You may delete your account at any time via the Platform settings. Account deletion does not retroactively affect transactions already completed, obligations already incurred, or data that must be retained by law.

15.1 In the event of any dispute, controversy, or claim arising out of or relating to this Agreement or the breach, termination, or invalidity thereof, the parties shall first attempt to resolve the matter amicably through good-faith negotiations for a period of thirty (30) days following written notice of the dispute.

15.2 If the dispute is not resolved within such period, it shall be finally settled by binding arbitration under the Nairobi Centre for International Arbitration Rules in force at the time, as modified by this clause. The seat of arbitration shall be Nairobi, Kenya. The language of the arbitration shall be English. The arbitral award shall be final and binding on both parties.

15.3 Notwithstanding clause 15.2, the Platform Operator reserves the right to seek urgent injunctive or other equitable relief from any court of competent jurisdiction to protect its Intellectual Property Rights or prevent irreparable harm.

15.4 You irrevocably waive any right to bring any class action, collective proceeding, or representative action against the Platform Operator arising from or related to this Agreement or your use of the Platform.

This Agreement and any non-contractual obligations arising out of or in connection with it are governed by and construed in accordance with the laws of the Republic of Kenya. Subject to the arbitration clause in clause 15, each party irrevocably submits to the exclusive jurisdiction of the courts of Nairobi, Kenya for the resolution of any dispute not referred to arbitration.

The Platform Operator shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental action, civil unrest, power outages, telecommunications failures, internet service provider outages, cyberattacks, blockchain network failures, or any other force majeure event.

The Platform Operator reserves the right to modify this Agreement at any time. Amendments take effect upon posting to the Platform. Where amendments are material, we may notify registered Users via email or in-Platform notification. Your continued use of the Platform following publication of any amendment constitutes your acceptance of the amended Agreement. If you do not accept any amendment, you must cease using the Platform and may delete your account.

This Agreement, together with the Privacy Policy and any other policies published on the Platform, constitutes the entire agreement between you and the Platform Operator with respect to the subject matter hereof and supersedes all prior or contemporaneous representations, understandings, and agreements, whether written or oral. No waiver by the Platform Operator of any breach of this Agreement shall be construed as a waiver of any subsequent breach. The failure of the Platform Operator to exercise or enforce any right under this Agreement shall not constitute a waiver of such right.