By accessing this web site/app, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. In this T&C’s, Fika Places, we, us or our means the Wooden Wire Limited, which owns the Fika Places app.
In these terms and conditions "Fika Places" refers to Fika Places. Fika Places sells all tickets as an agent on behalf of the organizers, promoters, artists, venues or producers of an event (referred to as a "Promoter") on the following terms and conditions and subject to any other terms, conditions or rules applicable to that event.
Your use Of our App
You may access and use our App solely for your personal, noncommercial use. Except as expressly authorized hereunder. We reserve the right to alter or discontinue our App, in whole or in part, at any time in our sole discretion.
While using any of our App, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using any of our App, including, without limitation, by means of “hacking” or defacing any portion our App;
- Violate any applicable laws or regulations;
- Display adult nudity or inappropriate child nudity.
- Upload photographs of people who have not given permission for their photographs to be uploaded to a share App.
- Use the Share Sites for the sale of goods or services.
- Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our App.
Materials/Images Submitted By User
Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
- You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
- You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, legal fees) that arise directly or indirectly out of or from:
- your User Submitted Materials;
- your activities in connection with obtaining any products or services from us, or
- any activity related to access to or use of your account by you or any other person.
- User Submitted Materials that violate these Terms may be removed from our App; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our App.
All content (images and videos) that appear on Fika Places are all uploaded by the users. Fika Places retains no ownership to any of the images nor do we claim any copyright or responsibility to images uploaded by the users.
While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our App to do the same.
- The tickets you purchase are for personal use. Except as we may agree, you and your party must not re-sell or transfer (or seek to re-sell or transfer) the tickets in breach of the applicable terms. A breach of this condition will entitle Fika Places or the Promoter to cancel the tickets without prior notification, refund, compensation or liability.
- In addition to the ticket price your order may require payment of a booking fee per ticket, a transaction fees per order and/or other supplementary fees which may apply to the event. Those fees are not refundable except as set out in paragraphs 3, 4, 6, and 11 below.
- If you order or buy more tickets than the maximum permitted per person, per card or per household, we may cancel all of the order or tickets, in which case you will be refunded the ticket price and any booking, transaction or supplementary fees you have paid.
- To prevent fraud and protect Fika Places and you, we may carry out checks and/or you may be asked to provide additional information (such as a copy of a credit or debit card statement) after your booking so we can verify your purchase. If we suspect fraud we may cancel any order or tickets.
- You must inform Fika Places of any change of, contact phone number or email address, both before and after receipt of the tickets. Our contact details are below. Our preferred method to contact you is email, so you should take care to provide a current, valid email address and be aware that your email filter settings may treat our emails as spam or direct them to your junk folder.
- An order for tickets is not complete until accepted by us. We try to ensure all prices are accurate but errors may occur. If we discover an error in the price of tickets you have ordered we will inform you as soon as possible and we may either cancel the order (in which case you will be refunded the ticket price and any booking, transaction or supplementary fees you have paid) or give you the option of confirming your order at the correct price
- On rare occasions the show or event may be filmed or recorded. Buying a ticket affirms your consent to the filming and sound recording of yourself as a member of the audience. If you have any objection, should this happen when you attend a show or event, please contact a member of the Theatre or Venue Management.
- All tickets are delivered to you electronically either through the email you provide on registration and/or made available through the Fika Places app, from which you can print the ticket.
- Any tickets should not be shared with other individual as they can only be scanned once at the venue and will only permit the entry of the ticket holder on scanning. Fika Places will not take any responsibility you share your ticket with a third party and they use it to gain entry. See clause 13 below.
- Always check your tickets upon receipt and advise us promptly of any errors. Mistakes when ordering cannot always be corrected and any corrections are discretionary.
Cancellation Rights and Refunds
- Tickets cannot be transferred, exchanged, or refunded once purchased other than for the reasons set out in these terms and conditions.
- If the event takes place but you do not receive the tickets you have purchased for any of following reasons you will be refunded the ticket price and any booking, transaction or supplementary fees you have paid:
- Fika Places does not receive the tickets from the Promoter and cannot arrange for duplicates to be collected at the box office; or
- Your tickets are not delivered and no arrangements are made for the tickets to be available for collection at the box office. Please ensure to check your spam folder for electronic tickets.
- No duplicate tickets will be issued to replace tickets that have been lost or stolen after they have been delivered to you, and nor will such tickets be refunded.
Cancellation, change or postponement of an event
- Decisions to change or cancel events are the responsibility of the Promoter. Fika Places cannot guarantee to inform you of any change or cancellation of any event or be held responsible for refunds or for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation.
- You should always check that an event is going ahead at the scheduled date, time and venue.
- If a Promoter cancels an event or makes significant changes to the venue, date, show time or (concerts only) headline act and confirms this to Fika Places, Fika Places will try to inform you. This will usually be communicated by email for online bookings. In urgent cases it may be by phone.
- If an event is rescheduled, changed or moved, the Promoter will usually give you the option of either retaining or exchanging your tickets for the new date/location, or alternatively claiming a refund. If an event is cancelled by the Promoter you will normally be offered a refund. Please note that the Booking Fee and any Transaction Fees are not refundable in these circumstances.
- If for any reason you are entitled to a refund:
- Follow the refund instructions otherwise you may not receive a refund. If these require you to notify Fika Places, do so promptly and within the timeframe communicated to you.
- Any refund will usually be paid, using the same method you used to buy the tickets, within 30 days of the original date of the event.
- For more information about refunds, please contact us via email at email@example.com.
- No refunds will be offered under any circumstances if you fail to comply with the all terms and conditions applicable to those tickets, the venue or the event.
Attending an event
- Events are not the responsibility of Fika Places. Fika Places does not organize events and has no responsibility whatsoever for any loss or damage of any kind suffered at or in connection with any event (including loss, damage or theft any personal property at an event).
- Admission to an event is at all times subject to any terms, conditions or rules of the Promoter and the venue operator. If you breach those terms, conditions or rules then the Promoter or venue operator may refuse admission or require you or other ticket holders to leave the venue.
- Amongst other things you will need to comply with health and safety rules and any security requirements (including security searches for the safety of those attending the event). The venue or the Promoter will have rights to refuse admission or eject you in certain circumstances and these are likely to include if you are involved with abusive, threatening, drunken or other anti-social behavior, or carry offensive weapons or illegal or prohibited substances or make unauthorized audio, video or photographic recordings. There will often also be rules restricting or preventing the admission of latecomers.
- Fika Places will highlight any terms, conditions or rules relating to the event of which it is aware and which it considers particularly significant, onerous or unusual. This will generally include age restrictions, ticket types etc. Information on where you can find full details of relevant terms, conditions or rules will be available from the Promoter or venue operator via the box office or their website or during the online booking process.
- Before you finalize your booking, please read all the information that applies to the event and/or ticket. If you or any member of your party has particular requirements please raise these when booking and we will endeavor to address your query. There can be no guarantee that requirements can be met if notified at the event.
- When you receive your e-tickets check the details carefully. When attending the event, carry proof of age if appropriate.
- Specific seats may be allocated to you at the time of booking, but the Promoter or venue operator reserves the right to change these seats to others of equal value.
- We may share your personal information with Promoters, venue operators, coach operators and others as necessary only for the purposes of the event. We will not otherwise share that information for marketing, sell your data to third parties, or any other purposes without your consent (as part of the booking process or otherwise) unless required by law.
- Fika Places will share your information with 3rd parties only if you have given consent for us to do so. These 3rd parties may use your information to contact you with regards to the specific event or other relevant events you may be interested in, based on your purchase history.
- Fika Places will not share you information, we will always respect your privacy and any personal communication between you and ourselves. We will always comply with data protection legislation set out by the Republic of Kenya.
- Fika Places cannot be liable in any way for the acts or omissions of others (including Promoters and venue operators). However, Fika Places does not seek to exclude its liability to you for death or personal injury caused by its negligence, fraud or any other liability which cannot be lawfully excluded or limited.
- These terms and conditions do not create any rights or obligations enforceable by or against anyone other than Fika Places, you and, as Fika Places contracts as the Promoter's agent, the Promoter who has direct rights and obligations under these terms and conditions.
- The purchase by you of tickets and these terms and conditions (and any contractual or non-contractual matters arising in relation to these terms and conditions) are governed by Kenyan law and any disputes arising out of any transaction between you and Fika Places are subject to the exclusive jurisdiction of the Kenyan Courts.