Terms of Service

Welcome to Karibisha! These Terms of Service ("Terms") govern your access to and use of the Karibisha platform, website, mobile applications, and related services (collectively, the "Service"). By accessing or using Karibisha, you agree to be bound by these Terms.

Please read these Terms carefully before using our Service. If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

• "Karibisha," "we," "us," "our" refers to Advantage Online, a company registered in Kenya, operating the Karibisha platform
• "User," "you," "your" refers to individuals or entities using the Service
• "Organizer" refers to users who create and manage events
• "Attendee" refers to users who register for or attend events
• "Event" refers to any gathering, conference, workshop, or activity created through the Service
• "Content" refers to text, images, videos, data, and other materials

2. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Be at least 18 years old or have parental consent
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You may not:

• Share your account credentials with others
• Create multiple accounts for fraudulent purposes
• Use another person's account without permission
• Impersonate any person or entity

4. Use of Service

4.1 Permitted Use

You may use the Service to:

• Create and manage events
• Sell tickets and process registrations
• Communicate with attendees
• Analyze event performance
• Check in attendees

4.2 Prohibited Conduct

You agree NOT to:

• Violate any laws, regulations, or third-party rights
• Use the Service for fraudulent or illegal activities
• Create events that promote violence, hate speech, or discrimination
• Sell counterfeit or unauthorized tickets
• Spam, harass, or abuse other users
• Upload viruses, malware, or malicious code
• Attempt to gain unauthorized access to the Service
• Scrape, mine, or harvest data from the Service
• Interfere with or disrupt the Service's operation
• Remove or modify any copyright, trademark, or proprietary notices

5. Events and Ticketing

5.1 Organizer Responsibilities

As an event organizer, you are responsible for:

• Ensuring your event complies with all applicable laws
• Providing accurate event information
• Honoring tickets sold through the platform
• Managing refunds according to your stated policy
• Maintaining appropriate licenses and permits
• Ensuring event safety and security

5.2 Ticket Sales and Fees

Karibisha charges fees for ticket sales as outlined in our pricing page. Fees are subject to change with 30 days' notice. Payment processing fees are additional and set by payment providers (Stripe, Paystack, M-Pesa).

5.3 Event Cancellations and Changes

Organizers may cancel or modify events, but must:

• Notify attendees promptly
• Process refunds according to their stated policy
• Not cancel events to circumvent service fees

6. Payments, Fees, and Refunds

6.1 Platform Subscriptions

Organizer subscription plans are billed monthly or annually through Lemon Squeezy, our billing partner. Subscription fees are the only payments made directly to Karibisha. See our Refund Policy for subscription refund terms.

6.2 Event Payments (Direct to Organizer)

All payments for event tickets, exhibitor registrations, vendor fees, and sponsorships are processed directly to the event organizer's connected payment account via third-party payment providers (Stripe, Paystack, M-Pesa). Karibisha does not hold, collect, escrow, or intermediate any event-related funds.

By purchasing a ticket or registering for an event, you acknowledge that:

• Your payment goes directly to the event organizer, not to Karibisha
• The event organizer is solely responsible for delivering the event and any associated services
• Refund eligibility for event purchases is determined by the organizer's refund policy, not Karibisha
• Karibisha cannot issue refunds for event purchases as we do not receive the funds

6.3 Organizer Payment Obligations

As an event organizer receiving payments through the platform, you agree to:

• Connect a valid payment account (Stripe, Paystack, or M-Pesa) to receive funds
• Honor your stated refund policy for all registrants
• Process refunds promptly when applicable, using your payment provider
• Comply with all applicable tax, consumer protection, and financial regulations

6.4 Karibisha's Role as Platform Facilitator

Karibisha provides the technology platform that enables organizers to accept payments, but we are not a party to the financial transaction between organizers and their attendees, exhibitors, or vendors. We are not responsible for refunds, payment disputes, or financial obligations between organizers and event registrants.

7. Intellectual Property Rights

7.1 Karibisha Property

The Service, including its design, features, functionality, software, trademarks, and logos, is owned by Karibisha and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

7.2 Your Content

You retain ownership of content you upload (event descriptions, images, etc.). By uploading content, you grant Karibisha a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content as necessary to provide the Service.

7.3 Copyright Infringement

We respect intellectual property rights. If you believe content on Karibisha infringes your copyright, contact us at legal@karibisha.events.

8. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. Karibisha disclaims all warranties, express or implied, including:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of content

Karibisha does not guarantee event quality, safety, or legality. Event organizers are solely responsible for their events. Karibisha does not hold, process, or intermediate event payments and is not liable for any financial transactions between organizers and event registrants.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KARIBISHA SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Service
• Actions of third parties, including event organizers and attendees
• Errors, mistakes, or inaccuracies in content
• Unauthorized access to your account or data

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO KARIBISHA IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Karibisha, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your content or events

11. Termination

11.1 Termination by You

You may terminate your account at any time through your account settings. Subscription fees are non-refundable upon termination.

11.2 Termination by Karibisha

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay fees
• Pose a risk to the Service or other users

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may retain certain information as required by law or for legitimate business purposes.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts in Nairobi, Kenya, unless otherwise required by applicable local law.

12.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with international arbitration rules, except where prohibited by law.

12.3 Class Action Waiver

You agree to bring claims only in your individual capacity, not as part of a class action.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending email notification (for significant changes)

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Data Protection

14.1 Compliance

Advantage Online is registered and licensed by the Office of the Data Protection Commissioner (ODPC) in Kenya. Karibisha processes personal data in accordance with the Kenya Data Protection Act, 2019 and applicable international data protection laws. For full details on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

14.2 Organizer Data Responsibilities

Event organizers who collect attendee, exhibitor, or vendor data through Karibisha are responsible for:

• Complying with the Kenya Data Protection Act and any other applicable data protection laws in their jurisdiction
• Using registrant data only for purposes related to their event
• Not sharing, selling, or misusing registrant personal data
• Responding to data subject access, correction, and deletion requests
• Implementing appropriate security measures to protect registrant data

14.3 Data Processing Roles

When organizers use Karibisha to collect registrations, Karibisha acts as a data processor on behalf of the organizer (the data controller). Organizers determine what data to collect and how it is used. Karibisha processes this data solely to provide the platform services.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Karibisha.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full effect.

15.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

16. Contact Information

For questions about these Terms, please contact us: