Terms & conditions

These Terms and Conditions ("Terms") govern your access to and use of the TicketYetu website, mobile applications, ticketing platform, digital services and any related products or services offered by TicketYetu ("TicketYetu", "we", "our" or "us").

These Terms constitute a legally binding agreement between TicketYetu and every person who accesses, browses, registers on, purchases tickets through, or otherwise uses the Platform.

By creating an account, purchasing a ticket, accessing the Platform or attending an Event, you acknowledge that you have read, understood and agree to be legally bound by these Terms.

Nothing contained in these Terms limits or excludes any statutory rights available to consumers under applicable Kenyan law.

Where consent is required by law, TicketYetu shall obtain such consent through a separate lawful mechanism.

3. USER ACCOUNTS

Certain services require creation of a User Account. You agree to:

1. maintain accurate account information;
2. maintain the confidentiality of your password;
3. implement reasonable security measures;
4. notify TicketYetu immediately upon becoming aware of unauthorised access;
5. refrain from impersonating another person.

TicketYetu reserves the right to suspend, restrict or terminate any Account where it reasonably believes:

1. fraudulent activity has occurred;
2. false information has been supplied;
3. these Terms have been breached;
4. the Account presents a cybersecurity risk; and
5. continued operation may expose TicketYetu or other Users to loss.

TicketYetu may require identity verification before reinstating any suspended account.

4. TICKET PURCHASES

TicketYetu acts as the authorised ticketing platform for Event Organisers. Unless expressly stated otherwise, TicketYetu sells Tickets as agent for the relevant Event Organiser(s).

The Event Organiser remains responsible for:

1. the Event;
2. scheduling;
3. venue arrangements;
4. performers;
5. event delivery;
6. event cancellation;
7. refunds where applicable.

TicketYetu shall not be deemed the organiser of any Event unless expressly identified as such.

All prices shall be displayed in Kenya Shillings unless otherwise specified.

TicketYetu reserves the right to correct genuine pricing errors before fulfilment.

Where an obvious pricing error has occurred, TicketYetu may cancel the transaction and issue a refund.

Payments may be made using approved electronic payment methods available on the Platform.

TicketYetu reserves the right to limit the number of Tickets purchased by a single person, account, payment method or device where reasonably necessary to prevent fraud, ticket scalping, automated purchasing or abuse of the Platform.

TicketYetu may decline any transaction reasonably suspected to involve:

1. fraud;
2. money laundering;
3. unauthorised payment instruments; and
4. criminal activity.

Ticket Holders are responsible for safeguarding their Tickets.

5. ELECTRONIC TICKETS

Electronic Tickets remain the property of the issuing Event Organiser until validly redeemed.

Each Ticket contains unique security identifiers.

Users shall not:

1. duplicate;
2. alter;
3. reproduce;
4. forge;
5. manipulate QR codes; and
6. resell unauthorised copies.

TicketYetu reserves the right to invalidate duplicated or fraudulently obtained Tickets without refund.

6. EVENT ADMISSION

Admission remains subject to:

1. presentation of a valid Ticket;
2. compliance with venue rules;
3. successful security screening;
4. verification of identity where required;
5. age restrictions; and
6. health and safety requirements.

Possession of a Ticket does not guarantee admission where admission is lawfully refused for safety, security or legal reasons.

The Event Organiser reserves the right to refuse entry or remove any person whose conduct poses a safety, legal or operational risk.

Admission may be refused where TicketYetu reasonably believes that a Ticket has been transferred or acquired in breach of these Terms.

7. EVENT RULES AND ATTENDEE CONDUCT

To ensure the safety, enjoyment and orderly management of all Events, every Ticket Holder shall comply with these Terms, the applicable Venue Rules and all reasonable directions issued by TicketYetu, the Event Organiser, Venue Management, security personnel, emergency responders and law enforcement agencies.

TicketYetu and the Event Organiser reserve the right to remove any person from the Venue without refund where, in their reasonable opinion, such removal is necessary for the safety, security or orderly conduct of the Event.

8. AUTHORIZATION OF USER’S IMAGE AND LIKENESS

Photography, filming, audio recording and live broadcasting may occur during the Event for legitimate purposes including:

1. editorial coverage;
2. event reporting;
3. public interest journalism;
4. venue security; and
5. regulatory compliance.

By attending the Event, you acknowledge that you may incidentally appear in crowd photographs, audio recordings or video recordings documenting the Event. TicketYetu, Event Organisers and accredited media may photograph, film or record Events for editorial, journalistic and security purposes without obtaining individual consent where permitted by Applicable Law.

Incidental inclusion in photographs or recordings taken for editorial, journalistic or historical purposes shall not constitute commercial use of your image.

TicketYetu recognises and respects every attendee's constitutional right to privacy and the protection of personal data.

Where consent is withdrawn, TicketYetu shall cease creating new promotional material featuring the attendee as soon as reasonably practicable, subject to legal obligations and practical limitations regarding previously published material.

TicketYetu shall retain Personal Data only for as long as is reasonably necessary to fulfil the purposes for which it was collected, to comply with applicable legal, regulatory, to resolve disputes, enforce these Terms or protect its legal rights. Without limiting the foregoing:

1. ticket purchase and transaction records may be retained for up to seven (7) years after the relevant Event or completion of the transaction;
2. records evidencing consent for the commercial use of an individual's image, likeness or voice may be retained for up to seven (7) years after the last commercial use of such content, or for such longer period as may be necessary to establish, exercise or defend legal claims; and
3. upon expiry of the applicable retention period, Personal Data shall be securely deleted, anonymised or destroyed, unless its continued retention is required or authorised by Applicable Law or is reasonably necessary for the establishment, exercise or defence of legal claims.

9. PRIVACY AND DATA PROTECTION

TicketYetu is committed to protecting the privacy of all Users and shall process Personal Data fairly, lawfully, transparently and securely.

Personal Data shall be processed in accordance with:

1. the Data Protection Act, 2019;
2. the Data Protection (General) Regulations, 2021;
3. any applicable Codes of Practice; and
4. our Privacy Notice.

Personal Data shall only be collected where it is necessary for one or more lawful purposes, including:

1. creation and management of User accounts;
2. processing ticket purchases;
3. identity verification;
4. customer support;
5. payment processing;
6. event administration;
7. dispute resolution;
8. enforcement of these Terms; and
9. any other lawful purpose permitted under applicable law.

TicketYetu shall implement appropriate technical and organizational measures to safeguard Personal Data against unauthorised access, accidental loss, misuse, alteration or disclosure.

10. MARKETING COMMUNICATIONS

TicketYetu may send Users information relating to:

1. upcoming Events;
2. promotions;
3. special offers;
4. platform updates;
5. Marketing communications shall only be sent where permitted by law.

Where consent is required, it shall be obtained separately from acceptance of these Terms.

Users may unsubscribe or withdraw their marketing preferences at any time using the methods provided in each communication or by contacting TicketYetu.

Withdrawal of marketing consent shall not affect transactional communications relating to purchased Tickets.

11. CHILDREN AND VULNERABLE PERSONS

Where an Event is intended for or reasonably expected to involve Minors:

1. Personal Data relating to Minors shall only be processed where permitted by law;
2. parental or guardian consent shall be obtained where required;
3. TicketYetu shall implement appropriate safeguards when processing children's Personal Data.

Nothing in these Terms authorizes unrestricted collection or commercial exploitation of a Minor's Personal Data.

12. PRIVACY NOTICE

TicketYetu's Privacy Notice forms an integral part of these Terms.

Where there is any inconsistency between these Terms and the Privacy Notice concerning the processing of Personal Data, the Privacy Notice shall prevail to the extent of that inconsistency.

Users are encouraged to review the Privacy Notice periodically as it may be updated from time to time in accordance with applicable law.

13. TICKET DELIVERY, VALIDITY AND VERIFICATION

13.1 Upon successful payment, TicketYetu shall issue an electronic Ticket to the email address, mobile number or digital account provided by the Purchaser;

13.2 Each Ticket contains a unique barcode, QR code or other electronic security feature and is valid for one (1) admission only, unless expressly stated otherwise;

13.3 TicketYetu reserves the right to invalidate any Ticket that has been:

1. duplicated;
2. tampered with;
3. altered;
4. counterfeited; or
5. obtained through fraud or any unlawful means.

13.4 The Purchaser is solely responsible for ensuring that Ticket details are accurate at the time of purchase.

13.5 TicketYetu shall not be liable for delays or non-delivery arising from inaccurate contact information provided by the Purchaser.

13.6 TicketYetu shall not be responsible for Tickets delivered to incorrect email addresses or mobile numbers supplied by the Purchaser.

14. EVENT CHANGES, POSTPONEMENT AND CANCELLATION

Event Organisers reserve the right to:

1. postpone;
2. reschedule;
3. relocate;
4. substitute performers;
5. modify programmes;
6. alter seating arrangements;

where reasonably necessary.

14.2 TicketYetu shall use reasonable efforts to notify affected Purchasers using the contact information provided;

14.3 TicketYetu does not guarantee receipt of notifications where inaccurate contact details have been supplied;

14.4 Minor changes to an Event shall not automatically entitle Ticket Holders to refunds;

14.5 A change shall only be considered material where it fundamentally alters the nature of the Event that a reasonable purchaser would have expected.

14.6 TicketYetu shall not be responsible for travel, accommodation, parking, subsistence or other indirect costs incurred by Ticket Holders arising from cancellation or postponement unless expressly agreed otherwise.

15. REFUNDS

15.1 Unless otherwise required by law or expressly stated by the Event Organiser, all Ticket sales are final;

15.2 Refunds may be issued where:

1. an Event is cancelled and not rescheduled;
2. an Event is materially changed;
3. Applicable Law requires a refund; and
4. the Event Organiser authorises a refund.

15.3 Refunds shall ordinarily exclude booking fees, convenience fees and third-party payment processing charges unless otherwise required by law;

15.4 Refund requests must be submitted within the timelines communicated by TicketYetu or the Event Organiser;

15.5 Refunds shall be processed using the original payment method where reasonably practicable;

15.6 TicketYetu reserves the right to request proof of purchase before processing any refund;

15.7 Nothing contained herein limits any statutory consumer rights available under Kenyan law.

17. INTELLECTUAL PROPERTY

17.1 All Intellectual Property Rights relating to the Platform remain the exclusive property of TicketYetu or its licensors. These include, without limitation; trademarks, logos, graphics, source code, software, text, audio and video.

17.2 Nothing contained in these Terms transfers ownership of any Intellectual Property Rights to Users.

17.3 Users shall not; reproduce, copy, modify, reverse engineer, distribute and commercially exploit any part of the Platform without prior written consent.

17.4 Where Users upload photographs, reviews, comments or other content to the Platform, they grant TicketYetu a non-exclusive, worldwide, royalty-free licence to host, reproduce and display such content solely for purposes connected with operation of the Platform.

17.5 TicketYetu reserves the right to remove User content that violates these Terms or Applicable Law.

17.6 Nothing in these Terms grants any User the right to use the trademarks, logos, trade names, branding, event artwork, promotional materials or other Intellectual Property belonging to TicketYetu, Event Organisers or sponsors.

18. ALCOHOL, SMOKING AND CONTROLLED SUBSTANCES

Consumption of alcohol shall be subject to Applicable Law and Venue Rules.

TicketYetu and the Event Organiser reserve the right to refuse service or admission to intoxicated persons.

Smoking, vaping or use of controlled substances shall only be permitted where authorised by law and the Venue. Illegal drugs are strictly prohibited.

19. DISCLAIMERS

19.1 The Platform, Tickets and related services are provided on an "as available" basis;

19.2 TicketYetu makes reasonable efforts to ensure the Platform operates efficiently and accurately. However, TicketYetu does not warrant that:

1. the Platform will be uninterrupted or error-free;
2. defects will always be corrected immediately;
3. the Platform will be available at all times;
4. the Platform will be free from viruses, malware or other harmful components.

19.3 TicketYetu shall not be liable for interruptions caused by; internet failures, telecommunications outages, cyber-attacks, maintenance, failures of third-party service providers and Force Majeure Events.

19.4 Nothing in this clause excludes any warranty that cannot lawfully be excluded under Kenyan law.

19.5 TicketYetu does not warrant the accuracy of information supplied by Event Organisers including performer line-ups, schedules, seating plans or Event descriptions.

20. LIMITATION OF LIABILITY

20.1 To the fullest extent permitted by Applicable Law, TicketYetu shall not be liable for any indirect, incidental, consequential, exemplary, punitive or special damages including; loss of profits, loss of goodwill, business interruption, reputational damage, loss of anticipated savings and loss of opportunity;

20.2 TicketYetu acts primarily as an intermediary ticketing platform for Event Organisers and shall not be liable for:

1. cancellation of Events by Event Organisers;
2. changes to Event programmes;
3. conduct of performers;
4. quality of performances;
5. Venue facilities;
6. acts or omissions of Event Organisers;
7. acts or omissions of Venue operators;
8. acts of third parties.

20.3 Subject to Applicable Law, TicketYetu's aggregate liability arising out of any claim connected with these Terms shall not exceed the amount actually paid by the Purchaser for the relevant Ticket(s).

21. INDEMNITY

21.1 Users agree to indemnify and hold harmless TicketYetu, its directors, officers, employees, shareholders, affiliates, agents and service providers against any claims, proceedings, losses, damages, liabilities, penalties, costs and expenses (including reasonable legal fees) arising from; breach of these Terms, unlawful use of the Platform, infringement of Intellectual Property Rights, fraud, negligent or wilful misconduct and breach of Applicable Law.

21.2 This indemnity shall not apply to the extent that any loss results from the negligence or wilful misconduct of TicketYetu.

22. FORCE MAJEURE

TicketYetu shall not be liable for failure or delay in performing its obligations where such failure or delay results from a Force Majeure Event. Force Majeure includes, without limitation: acts of God, floods, earthquakes, fire, epidemic or pandemic, acts of terrorism, war, civil unrest, strikes or labour dispute, government directives, power failures, internet outages, cyber incidents, failure of telecommunications infrastructure, failure of payment gateways and any event beyond the reasonable control of TicketYetu.

TicketYetu shall resume performance as soon as reasonably practicable following cessation of the Force Majeure Event.

23. CONFIDENTIALITY

23.1 Any confidential information disclosed between TicketYetu, Event Organisers and Users shall be treated as confidential unless:

1. disclosure is required by law;
2. disclosure is required by a court or regulatory authority;
3. the information is already publicly available;
4. disclosure is authorised by the owner.

23.2 This clause survives termination of these Terms.

24. COMPLAINTS AND CUSTOMER SUPPORT

24.1 TicketYetu is committed to providing timely and effective customer support;

24.2 Complaints may be submitted through the designated customer support channels published on the Platform;

24.3 Complaints relating to the processing of Personal Data may also be directed to TicketYetu's support@ticketyetu.com;

24.4 TicketYetu shall endeavour to acknowledge complaints promptly and resolve them within a reasonable period.

25. VARIATION OF THESE TERMS

25.1 TicketYetu reserves the right to amend these Terms from time to time where reasonably necessary;

25.2 Material amendments shall be communicated through the Platform or by other appropriate electronic means;

25.3 Continued use of the Platform after publication of revised Terms constitutes acceptance of the revised Terms;

25.4 No amendment shall operate retrospectively unless required by law or agreed by the Parties.

26. ENTIRE AGREEMENT

These Terms, together with:

1. the Privacy Notice;
2. the Cookie Policy;
3. any Event-specific terms; and
4. any policies expressly incorporated by reference,

constitute the entire agreement between TicketYetu and the User concerning the use of the Platform and the purchase of Tickets.

They supersede all prior discussions, negotiations, understandings and agreements relating to the subject matter.

27. LOSS OR DAMAGE TO PERSONAL PROPERTY; PERSONAL INJURY

You are responsible for taking reasonable care of your own safety and personal belongings while attending the Event.

By attending an Event, each Ticket Holder voluntarily assumes the ordinary risks inherent in public entertainment events including crowd movement, loud music, flashing lights, weather conditions, temporary service interruptions and the conduct of other attendees except to the extent caused by the negligence or wilful misconduct of TicketYetu.

TicketYetu shall not be liable for any loss, damage, delay or disruption arising from the acts or omissions of the Event Organiser, performers, Venue operators or other third parties, except where such liability arises directly from TicketYetu's own negligence, willful misconduct or breach of Applicable Law.

The Event Organiser and Venue Management shall not be responsible for the loss, theft, damage or misplacement of personal property brought into the Venue unless such loss results directly from their negligence or any other liability that cannot lawfully be excluded.

If you suffer from epilepsy, photosensitive conditions, respiratory conditions or any other medical condition that may be aggravated by loud sound, flashing lights, smoke, haze or similar theatrical effects, you are encouraged to seek appropriate medical advice before attending the Event and to exercise appropriate caution while at the Venue.

28. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

The Parties shall comply with all Applicable Laws in performing their respective obligations.

29. DISPUTE RESOLUTION

29.1 The Parties shall first attempt to resolve any dispute amicably through good faith negotiations;

29.2 Where negotiations fail within thirty (30) days, either Party may refer the dispute to mediation administered by a mutually agreed mediator accredited in Kenya;

29.3 If mediation is unsuccessful within thirty (30) days, the dispute shall be referred to arbitration under the Arbitration Act, 1995;

29.4 The arbitration shall be conducted by a sole arbitrator appointed by agreement of the Parties or, failing agreement, by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch). The arbitration shall be conducted in Nairobi, Kenya and in the English language. The same shall be confidential.

29.5 Nothing in this clause prevents either Party from seeking interim, conservatory or injunctive relief before a court of competent jurisdiction.

29.6 Subject to the Arbitration Act, the arbitral award shall be final and binding.