This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Tket Flix, its affiliates, and each of their respective successors and assigns (collectively, “Tket Flix,” “we,” “our” or “us”) governing your access to, and use of, the www.tketflix.com website and all social media accounts, and other online products and services offered by Tket Flix (collectively, the “Website”) for the purchase and sale of tickets (the “Service”) and any documents or other materials associated therewith (the “Materials”).
By accessing or using the Website either as an organizer of an event (each an “Event Organizer”) or as the purchaser of a ticket (each a “Buyer”), you agree to be bound by this Agreement, our Privacy Policy and all laws, rules and regulations applicable to your use of the Website.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, UNDER WHICH: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TKET FLIX ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Please read these Terms carefully and make sure that you understand them before signing up to the Service.
Tketflix.com and any of their sub-domains is a site operated by Tket Flix, which is the trading name of Tket Flix Limited ("we", “our”, “us”). We are registered in Nigeria under RC number 1904234 and have our registered office in Lagos, TIN number is 24163. You can contact us by emailing support@tketflix.com.
You agree to these Terms and you enter into a binding contract with us when you sign up for a Tket Flix account by clicking “Sign Up” or similar buttons on our website or download any of our apps. If you do not agree to any portion of these Terms of Service, please do not use or access the Service.
We may amend these Terms from time to time. You should check the website (www.tketflix.com/terms-and-conditions) from time to time to review the then current Terms, as they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms: (a) located on particular pages at the website; or (b) notified to you, from time to time.
Our Service is web-based and allows registration for an account to access our online platform to sell and manage event tickets online. You may register for an account only if you are the event organizer or an authorized ticket seller (and have the event organizers expressed written permission for all the events you are selling tickets for) (“Event Organiser”). If you will be using the Services on behalf of an entity, you agree to these Terms on behalf of that entity and represent that you have the authority to do so.
We provide the Service to you and have no relationship with your customers (“Ticket Buyers”). When you sell tickets to Ticket Buyers through the Service, the contractual relationship is between you and the Ticket Buyer. You are responsible for providing your own terms of sale with your Ticket Buyers and accordingly, we will direct any Ticket Buyer who raises queries regarding your events to you. You agree:.
We reserve the right to suspend or terminate your access to the Service if you fail to adhere to these contractual relationship requirements with your Ticket Buyers.When using the Service, you shall:
Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Your access to the Service may also be suspended, or your account may be canceled at any point, at our discretion, including (but not limited to) if we suspect that you are using the Service for fraudulent or criminal purposes, if we are advised to by law enforcement agencies or if you have failed to pay the service fee (in which case we would typically notify you of the non-payment before suspension or cancellation).
On sign up and account verification, you are immediately able to set up your event, create tickets for your event and, subject to having set up an account with a Payment Processor, sell tickets for your event. You must be 18 to set up an account. You may close your account at any point in time: 72 hours notice is required to close your account. You should make sure that you have taken a copy of any of Your Content that you wish to retain before closure of your account is effective by using the export functionality in your account dashboard. Your Content will be deleted after closure of your account. For your convenience we will keep your account open for 24 months after your last sign in, in case you decide to use our Service again. Prior to closing your account and deleting Your Content in your account, we will attempt to send warning emails to your account email address so that you have an opportunity to keep your account open or export any data that you wish to retain. You can close your account at any time by emailing our customer support team at support@tketflix.com from the email address of the account owner. We will not refund any fees already paid for the Service or for any Credits you may have at the time of closure.
You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur as a result of access to your account using your access credentials. Where we have given you (or where you have chosen) a password or API key which enables you to access your account, certain parts of our website or apps, or you have invited team members to access your account, parts of our site or apps, you are responsible for keeping this password or API key confidential. You should not share a password or API key with anyone. You agree to immediately notify us by emailing support@tketflix.com of any unauthorized use of your password, API key or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Our Service allows you to take payments for your event from Ticket Buyers online using payment processors with whom we have partnered: Paystack. Ltd (“Payment Processors”).Such processing services are subject to the terms and conditions and fee descriptions made available by the payment Service Providers. You must accept the terms of the payment Service Provider and their fees prior to completing a Transaction. Tket Flix assumes no responsibility for services offered by Third Party payment Service Providers.
The fees for using our Service are set out on our website and are charged on a usage basis. A chargeable use or activity is the sale of a ticket, the reservation of a seat or other chargeable activity that we make available through the Service (an “Activity”). We may also offer add-on services which will be charged as specified on our website or as agreed with you.
Card Payment: when purchasing Plans you will be asked to pay online using a credit or debit card. If you have selected an auto-renew option (either monthly or when your plan expires) then payment will be taken via a regular deduction from your credit or debit card until canceled, however you have the option to not save your card details and to initiate payment manually. All payments for Credits are processed by Paystack Ltd. Pay as you go fees will be charged to you either:
Our fees are non-refundable, even if an event is canceled. In some circumstances we may agree to a different process for the payment of our fees, in which case, each invoice submitted to you by us is payable within 10 days from the date of the invoice. Without prejudice to any other right or remedy that we may have, if you fail to pay us on or before the due date (including if a card payment fails), we may:
Box offices may issue free tickets on our platform and incur no fees. Please note that we operate a ‘fair use’ policy which means that any box office using Tket Flix for free should not collect ticket funds by circumventing our payment providers and therefore our fees in order to benefit from this offer. Box offices identified as doing this will be asked to start taking payment via our platform. Box offices who do not comply with this may be suspended.
Your use of our website is governed by our Website Terms of Use. Please take the time to read these, as they contain important terms which apply to you.
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes some important terms which apply to you.
Protection of personal information is very important to us.
You and we agree to comply with all applicable Data Protection Laws and that you are the controller and we are a processor of personal data in Customer Data.
You hereby agree that:
In respect of our handling of the Customer Data, we agree that we shall:
You acknowledge and agree that, as a data processor, we may appoint service providers as sub-processors to process Customer Data in connection with the provision of the Service, in which case we will ensure that our contracts with our sub-processors impose on the sub-processors obligations that are equivalent to the obligations to which we are subject to under this section 10 and that we will be responsible for the acts and omissions of our sub-processors.
When transactional emails (e.g. order confirmation emails) are sent out to your Ticket Buyers and event attendees, your account email address is specified by default as the 'reply-to' address in the email to make it convenient for your Ticket Buyers and event attendees to reply directly to you with any questions. You can change these settings in the control panel if you do not wish your account email address to be exposed to Ticket Buyers, but please be aware that we will still direct all queries and complaints that we receive from your Ticket Buyers and event attendees to you.
As between you and us, you own all rights in and have responsibility for ensuring the legality, reliability, integrity, accuracy and quality of all content (which may include, text, pictures, information about your event, event reviews, comment) which you upload to our Website (“Your Content”). By uploading Your Content, you grant us an unconditional, non-exclusive, transferrable, royalty-free, worldwide license to use Your Content in any manner necessary for the provision of the Service.
You have options within your account dashboard to manage whether your events are published to search engines or are kept private. Where an event is not private, you grant us an unconditional, non-exclusive, royalty-free, worldwide license to further use Your Content to promote our Service.
You must comply with the following Acceptable Content Standards when submitting Your Content to our Website:
We are the owner or the licensee of all intellectual property rights in the Service, the website, and in the material published on it (other than Your Content) and any necessary software used in connection with the Service (“Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the website or the Software, in whole or in part.
You acknowledge that we will collect data on your use of our website and Service for performance and service analysis. You grant us a world-wide, royalty-free, non-exclusive, perpetual license to use non personally identifiable information from such data for the purposes of our business.
While we endeavor to ensure that the Service is available 24 hours a day, we do not guarantee the availability of the Service and shall not be liable if for any reason the Service is unavailable at any time or for any period.
Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We do not warrant the accuracy and completeness of the material on the website. We may make changes to the material on the website, or to the functionality of the Service, at any time without notice. The material on the website may be out of date, and we make no commitment to update such material.
We will provide the Service with reasonable care and skill. The Service and the material on the website is provided “as is” and except for the warranties contained in these Terms, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions of satisfactory quality and fitness for particular purpose).
We are not a party to any transactions, other relationships, or disputes between you and Ticket Buyers or you and event attendees. Furthermore, we do not pre-screen Ticket Buyers and are not responsible for any fraudulent transactions by Ticket Buyers.
We exclude any and all liability arising out of any actions that we may take in response to breaches of our Acceptable Content Standards and these Terms. You agree to indemnify us and our officers, directors and partners from any cost, claim or demand, including reasonable legal fees:
Nothing in these Terms seeks to limit or exclude consumers’ legal rights.
These Terms shall be governed by and construed in accordance with Nigerian law. Disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Nigerian courts.
The processing of Customer Data to the extent necessary for the provision of the Service to you.
The period of time during which you continue to use the Service and the longer of such additional period as:
(i) is specified in any provisions of these Terms regarding data retention; and
(ii) is required for compliance with law.
The nature of the data processing is the provision of cloud based service to allow Event Organizers to manage the sale of tickets and associated services for their events. The purpose of the processing is to provide the Service to the Event Organizer.
The personal information processed under these Terms will depend on the personal information that Event Organizers choose to collect from Ticket Buyers and event attendees. Event Organizers must make sure that they comply with our Acceptable Content Standards in collecting personal data. Personal data is likely to include : name, home address, email address, telephone number and limited details relating to card payments. It may also include certain special category data if the collection of such data is required in relation to an event.
Personal information related to your customers and event attendees
We reserve the right, in our sole discretion, to change this Agreement at any time. If we change any term or condition, the new version of this Agreement shall be posted here and shall automatically replace the terms and conditions of the prior agreement and become binding on all users of the Website. Your continued use of the Website following our posting of revised agreement constitutes your acceptance of the revised agreement.
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@tketflix.com This Agreement was last updated on May 20th, 2022