TERMS OF SERVICE
Last updated: 4th February 2020
This website and mobile app is operated by TURN APP TECHNOLOGIES .
Throughout the site, the terms “we”, “us” and “our” refer to TURN APP . TURN APP offers this website, our mobile app, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. DEFINITION OF TERMS
The following defined terms appear in this Terms of Service:
a). “You” or Client / Merchant or Seller
An individual, organization or company that applies to, or registers to use, or uses the TURN APP platform to sell and have payments processed by TURN APP for their customers.
b). Customer or Buyer
A person that makes purchases using TURN APP.
c). TURN APP
An online platform ( website / mobile application ) that allows you to Host/ List your events/ experiences online , To Promote & Sell their Listings to customers using the available payment gateways (Lipa na MPESA, Visa and Mastercard).
d). Payment Transaction
The processing of a payment through TURN APP that results in the debiting or charging of the Purchase Amount to a customer and the subsequent crediting of funds to a merchant less the transaction fees.
e). Transaction Fees
The levy charged to the merchant for any product transacted through TURN APP.
Any merchandise, good or service that is listed for sale by a merchant that a customer may pay for using TURN APP.
g). Purchase Amount
The amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
h). “We” or “Us”
relates to TURN APP.
2. REQUIREMENTS FOR REGISTRATION
In order to use TURN APP, you hereby consent to provide and agree to complete all required information elements on TURN APP’s Hosting Wizard. You must provide a valid Proof of Identification, Bank accounts and M-PESA enabled number to receive remittance from TURN APP.
You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of TURN APP, or to assist in determining whether to permit you to continue to use TURN APP. We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to this Terms of Service for Merchants, you represent that you are:
– 18 years old or older;
– and Capable of entering into a legally binding agreement.
3. PAYMENT PROCESSING
TURN APP lets you upload experiences, events and tickets on to their TURN APP profiles and facilitates the processing of Payment Transactions to complete a payment for a purchase between you ( client ) and a Customer.
TURN APP will store information from Customers, such as their Payment Instruments, and will process Payment Transactions on behalf of Merchants.
We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Merchants, or other applicable TURN APP policies, as determined in TURN APP’s sole and absolute discretion.
Client authorizes TURN APP to charge or debit to clients TURN APP account the necessary charge necessary to complete processing of a Payment Transaction by a Customer.
Client also authorizes the crediting to Clients TURN APP’s account in connection with reversals, refunds, or adjustments through TURN APP.
You acknowledge and agree that your purchases of Products are transactions between you and the Customer, and not with TURN APP.
TURN APP is not a party to Clients purchase of Products, and TURN APP is not a Client or a Customer in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a TURN APP Web Site www.turnapp.net.
You agree to protect TURN APP from any fraudulent activity and ensure Customer security.
Ticketing payments will be made on a working day after the event.
4. LIMITATION ON THE USE OF SERVICE
We reserve the right to change, suspend or discontinue any aspect of TURN APP at any time, including hours of operation or availability of TURN APP or any TURN APP feature, without notice and without liability. We also reserve the right to impose limits on certain TURN APP features or restrict access to parts or all of TURN APP without notice and without liability.
We do not warrant that the functions contained in TURN APP will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or TURN APP).
We may limit or suspend your use of TURN APP at any time, in our sole and absolute discretion. If we suspend your use of TURN APP, we will attempt to notify you by your registered electronic mail & mobile number in your TURN APP account.
5. TURN APP ACCOUNT INFORMATION
- Maintaining the confidentiality of your TURN APP Account.
- Any and all transactions by persons that you give access to or that otherwise use your TURN APP account.
- Any and all consequences of use or misuse of your TURN APP account.
- You agree to notify us immediately of any unauthorized use of your TURN APP account or any other breach of security regarding TURN APP of which you have knowledge.
7. PRIVACY AND DATA PROTECTION
- You are established in the European Economic Area (EEA).
- You provide goods or services to customers in the EEA.
- You are otherwise subject to the requirements of the EU General Data Protection Regulation.
8. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9.ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time but we shall inform you of any substantial changes that may affect your personal information.
10. SERVICE FEES
We do not charge a fee to use TURN APP to upload products, tickets on to your TURN APP
page. TURN APP fee is applicable only when experiences / event tickets are purchased from your TURN APP page. There is a NO REFUND policy on our fee after transactions are completed using TURN APP .
11. REFUND POLICY
As a buyer, we are fully committed to ensuring that you are able to shop safely and confidently. You are entitled to a full refund if the following occurs:
- An event/ experience is cancelled or postponed.
- if you purchase a product and what you receive is not what is advertised.
All other requests for refunds will be addressed as per situation. If you would like to request a refund for any other reason other than what is stated above, please send an email to email@example.com / firstname.lastname@example.org and someone will promptly respond to your request.
TURN APP will provide various tools to assist Clients and Customers in communicating with each other to resolve a dispute that may arise with respect to their transaction.
If Client and Customers are unable to resolve a dispute, we can mediate disputes between them if either party requests assistance.
13. TURN APP IS NOT A BANKING INSTITUTION
TURN APP processes Payment Transactions on behalf of Merchants. TURN APP is not a bank or other chartered depository institution.
14. TERMINATION OF SERVICE
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of TURN APP for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of your use of TURN APP, you remain liable for all Payment Transactions and any other obligations you have incurred.
Upon termination, we have the right to prohibit your access to TURN APP, including without limitation by deactivating your TURN APP account and to refuse future access to TURN APP by you.
15. NO ENDORSEMENT OF PRODUCTS
TURN APP does not represent or endorse, and shall not be responsible for:
- The safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through TURN APP.
- The ability of Customers to buy Products or Merchants to deliver Products. TURN APP hereby disclaims any liability or responsibility for errors or omissions in any Content or in TURN APP.
- TURN APP does not endorse the sale of alcoholic products to those under the legal drinking age of 18. Whether through experiences / events listed on the platform. TURN APP does not endorse the sale of illegal products on our platforms.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kenya.
18. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or simultaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any confusion as to the meaning of these Terms of Service shall not be used against TURN APP.
19. LIMITATIONS OF LIABILITY; FORCE MAJEURE
TURN APP shall not be liable to the Buyer in the event of any disruption of TURN APP or the Payment Platform or any part thereof resulting from Force Majeure and TURN APP may suspend TURN APP or part thereof in such an event.
Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for TURN APP to perform its obligations and includes but is not limited to any act of God such as lightning, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of TURN APP caused by disruption or suspension of the telecommunication facilities.
20. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate any international, National regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
- To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose or to interfere with the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
21. MODIFICATIONS OF TERMS OF SERVICE FOR BUYERS
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on TURN APP Web Site or otherwise communicating the notification to you.
The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of TURN APP.
22. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com
CARD PAYMENT AUTHORIZATION
I authorize TURN APP to charge my Visa, Mastercard for the initial payment and subsequent installment payments. TURN APP will accept one card per authorization with the card having a valid expiration date for the period of the authorization process.
All sales are final and non-transferable, no refunds, no exchanges, no resale, not redeemable for cash.
Upon confirmation of the order, the initial payment due can be made via credit card or M-pesa, the subsequent installment payments will be preceded by a text message and/or notification from TURN APP to make payment. The payment timeline will be valid for 24 hours, should the time lapse without payment then default will occur and the order will be subject to cancellation.
CONSENT TO ELECTRONIC COMMUNICATION
By clicking “I AGREE” you acknowledge and agree that we may provide electronically any and all communication concerning your order and any payment plan you may enter into as well as any disclosures required by law. Your consent not only applies to this payment plan but to related agreements and any future payment plans you may enjoy through us. You represent that you have the required hardware and software (personal computer with internet access) to receive, view and electronically save and/or print the order details. These terms may be revised from time to time without notice, it is important to keep checking on the website to stay updated on any changes.
TURN APP Clients gain access to your information specifically, name, email address and phone number. As TURN APP we do not control how these clients use your information beyond what is instructed in our terms and conditions.
In our terms and conditions, clients are not allowed to redistribute your information to any third party that you did not directly give your information to. We also use your Personal Information for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
1. INFORMATION COLLECTION AND USE
While using the Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you.
Personally identifiable information may include, but is not limited to your name (“Personal Information”), phone number and email address.
If you choose to purchase a product, ticket or digital content from us, we or our third-party payment processors will collect your payment information. When you use the Site, we may receive certain information about you, we do not send any promotional emails; however, we may send you service related emails related to your account or purchase. If you no longer wish to receive these emails, you may opt out of them.
HOW WE USE YOUR INFORMATION.
(a) We use the information that we collect to operate and maintain the Site and the TURN APP Service and to respond to your questions and concerns.
(b) We also use the information that we collect to help improve the Site and service.
We may require you to provide additional information as a condition of continued use of TURN APP, or to assist in determining whether to permit you to continue to use TURN APP. We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein. By agreeing to this Terms of Service for Merchants, you represent that you are: 18 years old or older; and Capable of entering into a legally binding agreement.
WHEN WE SHARE INFORMATION
TURN APP will disclose your information where required to do so by law, if subject to legal proceeding or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or safety of TURN APP, our users or others.
You will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
2. LOG DATA
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with a small amount of data, which may include an anonymous unique identifier.
Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Site.
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure.
While we purpose to use various security standards and other measures to protect your Personal Information, we cannot guarantee its absolute security.
TURN APP is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to TURN APP or guarantee that your information on the TURN APP platform may not be accessed, disclosed, altered or destroyed by breach of any of our security measures. When you enter personal information on our site, we encrypt that information using ciphers, Bycrypt and RSA algorithms.
Should personal information become compromised as a breach of security, TURN APP will without undue delay inform our merchants and customers in line with existing national and international law.
You have the right to request that we rectify or delete the personal data or restrict the processing of your personal data, if you think they are not up to date or correct.
Furthermore, you have the right to object against the processing based on our legitimate interests as a legal basis. We are required to assess and act on your request. Additionally, you also have the right to data portability if it should become relevant.
(a) If you have an account with TURN APP, we will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
(b) If you are a visitor to the TURN APP Site we will retain your information for as long as necessary but no longer than one (1) year after your last visit to our Site.
Protecting the privacy of young children is especially important. For that reason, TURN APP does not knowingly collect or solicit personal information from anyone under the age of 13. Should we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org / email@example.com
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