Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") govern your access to and use of the MOOKH platform, including our website, apps, and related services (collectively, the "Services"). By creating an account, purchasing tickets, or using the Services, you agree to be bound by these Terms and by the policies referenced in them, including our Privacy Policy and Refund Policy.

If you do not agree to these Terms, you may not use the Services.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or purchase tickets. By using the Services, you represent that you have the legal capacity to enter into these Terms.

If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, and "you" refers to that organisation.

3. Your account

To use certain features of the Services, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your login details.
• All activity that occurs under your account, whether or not authorised by you.
• Notifying us promptly if you suspect unauthorised access or use of your account.

4. Ticket purchases and payments

When you purchase tickets or other items through MOOKH, you agree that:

• All sales are subject to the policies of the relevant event organiser, including any refund or exchange rules.
• You will provide accurate billing information and authorise us and our payment partners to charge your selected payment method.
• Additional fees, taxes, or charges may apply depending on your location and the organiser's policies, and are shown before you confirm your purchase.

5. Payment plans and instalments

Where an organiser enables it, you may pay for tickets in instalments under a payment plan. Payment plans are subject to additional terms set out in our Payment Plan Terms, which form part of these Terms.

If you choose a payment plan, you authorise us and our payment partners to charge each instalment to your selected payment method on its due date. Tickets purchased on a payment plan may only be issued, or remain valid, while payments are up to date.

6. Refunds, cancellations, and changes

Refunds and exchanges are governed by the organiser’s policy for each event and by our Refund Policy. Please review the Refund Policy before purchasing.

Where an event is cancelled, postponed, or materially changed — including for reasons beyond the organiser’s or our reasonable control — your entitlement to a refund, credit, or rescheduled date is determined by the Refund Policy and applicable law.

7. Ticket ownership, resale, and transfer

Tickets are issued for the personal use of the registered ticket holder. Unless expressly permitted by the organiser and applicable law, you may not resell a ticket above its face value, or sell, transfer, or advertise tickets through unauthorised channels.

Tickets may only be transferred to another person using MOOKH’s official transfer feature within the Services. Any sale, transfer, assignment, forwarding, sharing, or other disposal of a ticket — or of its barcode, QR code, or confirmation — carried out outside the Services is unauthorised, is a breach of these Terms, and may be unlawful. We may cancel or void, without notice or refund, any ticket that we reasonably believe has been obtained, transferred, or used in breach of this section or otherwise fraudulently.

The only person MOOKH recognises as entitled to a ticket and the rights attaching to it (including entry to the event) is the registered holder of record — that is, the original purchaser, or the person to whom the ticket has been transferred through MOOKH’s official transfer feature. We are not obliged to recognise, and may refuse entry or any benefit to, any person presenting a ticket acquired outside the Services.

If you acquire or receive a ticket through any channel other than MOOKH or its authorised partners, you do so entirely at your own risk. Such a ticket may be invalid, duplicated, cancelled, or already used; we do not warrant its authenticity or validity, or that it will grant entry; and, to the fullest extent permitted by law, MOOKH has no liability to you, at any time, for any loss, damage, cost, or refusal of entry arising in connection with that ticket. Your sole recourse, if any, is against the person from whom you obtained it.

8. Event attendance and assumption of risk

Attendance at any event is at your own risk. Events may involve risks to your health and safety, and you are responsible for following the instructions of the organiser and the venue.

Organisers and venues may set rules for entry and conduct — including security checks, age restrictions, and prohibited items — and may refuse entry to, or remove, any attendee who breaches those rules or applicable law, without refund. To the fullest extent permitted by law, MOOKH is not responsible for the conduct of organisers, venues, or other attendees, or for any loss, injury, or damage arising from attendance at an event.

9. Role of MOOKH

MOOKH provides tools for organisers to list events, sell tickets, and engage their communities. Unless explicitly stated, we are not the organiser, producer, or owner of events listed on the platform.

Event organisers are solely responsible for the events they list, including event content, pricing, cancellations, and compliance with applicable laws and regulations.

We act only as a limited commercial agent of the organiser, to facilitate the listing of events, the sale of tickets, and the collection of payment on the organiser’s behalf. The organiser is the seller and merchant of record for each ticket, and the contract of sale for the tickets and the event is between you and the organiser. MOOKH is not a party to that contract and does not own, produce, host, or control the events listed on the platform.

10. Taxes

Each organiser is solely responsible for determining, charging, collecting, declaring, reporting, and remitting all taxes, duties, and levies — including any value added tax (VAT), sales, excise, or withholding taxes — that apply to their events, ticket prices, and the revenue they earn through the Services. Unless an organiser states otherwise, ticket prices set by the organiser are treated as inclusive of any such taxes.

MOOKH is responsible only for taxes payable on its own revenue — the fees and charges it earns for providing the Services. Our fees may be exclusive of applicable taxes (such as VAT), which we may add and collect where required by law.

Where we are required by law to withhold or deduct any amount (for example, withholding tax) from a payout to an organiser, we may do so and remit it to the relevant authority. The organiser remains responsible for any resulting shortfall and for providing any documentation needed to support a reduced rate or exemption.

Because the organiser is the seller of record, any tax invoice, VAT receipt, or other tax documentation a buyer needs for a purchase must be requested from, and is the responsibility of, the relevant organiser — not MOOKH. Any order confirmation or receipt MOOKH provides is a record of the transaction processed through the Services and is not a tax invoice issued by MOOKH for the ticket price.

MOOKH does not provide tax advice. Each organiser is responsible for obtaining its own advice and for any penalties, interest, or liabilities arising from its tax obligations, and agrees to indemnify MOOKH against any claim arising from the organiser’s failure to meet them.

11. Content standards and event removal

Organisers are responsible for ensuring that the events, listings, and content they publish through the Services are lawful and comply with these Terms, our policies, and all applicable laws and regulations.

You may not list, promote, or sell tickets to any event, or publish any content, that:

• is unlawful or promotes or facilitates illegal activity;
• is fraudulent, deceptive, or misleading;
• contains or promotes pornography or sexually explicit material;
• is harmful or dangerous to, inappropriate for, or exploits or endangers, minors;
• promotes hatred, violence, terrorism, discrimination, or harassment against any person or group; or
• infringes the intellectual property, privacy, or other rights of any third party.

We may, at our sole discretion and without prior notice, review, refuse, suspend, deactivate, unpublish, or remove any event, listing, or content that we reasonably believe breaches these Terms or applicable law, or that we consider harmful, offensive, or otherwise objectionable — including any content we consider harmful to minors. We may also suspend or terminate the responsible account, withhold or reverse related payouts, and report unlawful activity to the appropriate authorities. To the fullest extent permitted by law, MOOKH will not be liable to any organiser, attendee, or other person for any action taken in good faith under this section.

12. Acceptable use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights.
• Interfere with or disrupt the integrity or performance of the Services.
• Attempt to gain unauthorised access to any systems or networks connected to the Services.
• Misuse tickets, including unauthorised resale, duplication, or fraud.

13. Intellectual property

All content, trademarks, logos, and other materials displayed on the Services (excluding user-generated content and organiser content) are owned or licensed by MOOKH and are protected by intellectual property laws.

You may use the Services only for personal, non-commercial purposes and in accordance with these Terms. You may not copy, modify, distribute, or create derivative works from the Services without our prior written consent.

14. Chargebacks and payment disputes

If you believe a charge is incorrect, please contact us before initiating a chargeback or payment dispute so that we can help resolve it.

Initiating a chargeback for a valid transaction (for example, because you changed your mind or could not attend) may result in suspension of your account and cancellation of the associated tickets. We reserve the right to contest chargebacks we believe are unwarranted and to recover amounts owed to us, including reasonable costs.

15. Disclaimers

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that events will take place as advertised, that organisers will perform as expected, or that the Services will be uninterrupted or error-free.

16. Service availability

We work to keep the Services available and reliable, but we do not guarantee that the Services will be available, uninterrupted, timely, error-free, or secure at all times. Access may be suspended, restricted, delayed, or interrupted — including for maintenance, upgrades, technical failures, or events beyond our reasonable control — with or without notice.

Organisers are responsible for maintaining their own contingency arrangements (for example, alternative entry, check-in, or payment methods) in case the Services are unavailable. To the fullest extent permitted by law, MOOKH will not be liable to any organiser, attendee, or other person for any loss, damage, lost sales, missed entry, or other cost arising from any unavailability, downtime, interruption, delay, data loss, or failure of the Services, at any time. Your use of the Services is on the basis that you accept this risk.

17. Limitation of liability

To the maximum extent permitted by law, MOOKH and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, or data, arising out of or in connection with your use of the Services.

Our total liability for any claim relating to the Services will not exceed the greater of (a) the total fees you paid to us for the transaction giving rise to the claim, or (b) the equivalent of USD 50. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

18. Indemnification

You agree to indemnify and hold harmless MOOKH and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with your use of the Services, your breach of these Terms, your violation of any law or third-party rights, or — for organisers — the events you list and operate.

19. Force majeure

MOOKH will not be liable for any failure or delay in performing its obligations where the failure or delay results from events beyond our reasonable control, including natural disasters, fire, flood, severe weather, epidemics or pandemics, war, terrorism, civil unrest, government action or restrictions, labour disputes, or failures of power, telecommunications, or internet services.

This section does not affect any non-excludable statutory rights or any refund entitlement set out in our Refund Policy.

20. Termination

We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms, engaged in fraudulent or harmful behaviour, or created risk or possible legal exposure for us or other users.

You may stop using the Services at any time. Certain provisions of these Terms will continue to apply after termination, including those relating to payments due, intellectual property, disclaimers, limitations of liability, and indemnification.

21. Dispute resolution

If a dispute arises between you and MOOKH, you agree to first contact us so that we can try to resolve it informally and in good faith. Most concerns can be resolved quickly this way.

If a dispute cannot be resolved informally within a reasonable time, it will be subject to the governing law and jurisdiction set out below.

22. Governing law

These Terms are governed by the laws of Kenya, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya, unless otherwise required by applicable law.

23. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page. In some cases, we may provide additional notice (such as a banner on the site or an email).

Your continued use of the Services after any changes become effective constitutes your acceptance of the updated Terms.

24. Severability and entire agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with the policies referenced in them, constitute the entire agreement between you and MOOKH regarding the Services.

Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

25. Contact us

If you have any questions about these Terms or the Services, contact us at [email protected] or by phone at +254 798 984828.