Terms & Conditions

Book Mahali Terms and Conditions

Introduction

Welcome to Book Mahali! These Terms and Conditions ("Terms") govern your access to and use of the Book Mahali platform (the "Platform"), which includes our website, mobile applications, and any related services (collectively, the "Services"). By accessing or using the Platform or Services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you ("User") and Book Mahali Limited, a company registered in Kenya ("Book Mahali").

Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts under Kenyan law to access and use the Platform or Services. By using the Platform or Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform or Services.

Description of Services

Book Mahali provides an online marketplace that connects Users who wish to book unique spaces ("Spaces") and related services ("Services") with Users who offer such Spaces and Services ("Hosts" and "Vendors"). Spaces may include studios, event venues, meeting rooms, workshops, and other unique locations. Services may include catering, furniture rentals, equipment rentals, and other event-related services.

User Accounts

Creating an Account. To access certain features of the Platform, you may be required to create an account ("Account"). You are responsible for maintaining the confidentiality of your Account login credentials and for all activity that occurs under your Account. You agree to notify Book Mahali immediately of any unauthorized use of your Account or any other security breach. Book Mahali shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Account Termination. You may terminate your Account at any time by contacting Book Mahali. Book Mahali may terminate your Account for any reason, at any time, and without notice. Upon termination of your Account, your right to access or use the Platform or Services will cease immediately.

User Conduct

Prohibited Activities. You agree not to:

Use the Platform or Services for any unlawful purpose or in a manner that violates any applicable Kenyan law or regulation.
Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically offensive.
Infringe upon the intellectual property rights of any third party.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt the Platform or Services or the servers or networks connected to the Platform or Services.
Use any automated data collection methods, such as robots, spiders, or scrapers, to access the Platform or Services.
Attempt to gain unauthorized access to the Platform or Services, or related systems, networks, or servers.
Sell or transfer your Account profile.

Community Guidelines.

In addition to these Terms, Book Mahali may establish specific community guidelines that govern your use of the Platform and Services. You agree to comply with all such community guidelines.

Listings and Bookings

Listings. Hosts are responsible for creating accurate and complete listings for their Spaces and Services (collectively, "Listings"). Listings should include all relevant information about the Space or Service, including its location, availability, pricing, amenities, and any applicable rules or restrictions.
Bookings. Users can book Spaces and Services through the Platform. When a User makes a Booking, they enter into a direct contract with the Host or Vendor. Book Mahali is not a party to this contract and does not assume any responsibility for the performance of the Booking.
Payment Processing. Book Mahali may facilitate the processing of payments for Bookings. However, Book Mahali is not a financial institution and does not hold any funds in escrow. All financial transactions are between the User and the Host or Vendor.

Host and Vendor Responsibilities

Hosts and Vendors are solely responsible for the quality, safety, and legality of their Spaces and Services.
Hosts are responsible for ensuring that their Spaces comply with all applicable Kenyan laws and regulations.
Hosts and Vendors are responsible for accurately describing their Spaces and Services in their Listings.
Hosts and Vendors are responsible for communicating clearly with Users about their Booking policies, including cancellation and refund policies.

User Responsibilities

Users are responsible for carefully reviewing all information in a Listing before making a Booking.
Users are responsible for complying with all applicable laws and regulations when using a Space or Service.
Users are responsible for respecting the property and rules of the Space they are booking. This includes leaving the Space in the same condition it was found in and adhering to any noise restrictions or guest limitations.
Users are responsible for their own safety and security while using a Space or Service.
Users are responsible for informing the Host or Vendor of any damages they cause to the Space.

Cancellation and Refunds

Cancellation and refund policies are determined by the Host or Vendor and are outlined in their respective Listings. Users are responsible for reviewing these policies before making a Booking. Book Mahali is not responsible for any disputes between Users and Hosts or Vendors regarding cancellations or refunds.

Content Ownership

User Content. You retain all ownership rights to the content you create and upload to the Platform ("User Content"). However, by uploading User Content, you grant Book Mahali a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute your User Content in connection with the Platform and Services.

Third-Party Content. The Platform may contain content owned by third parties ("Third-Party Content"). You agree not to use, reproduce, modify, publish, or distribute any Third-Party Content without the express written permission of the owner of such content.

Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY. BOOK MAHALI DOES NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL BOOK MAHALI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF BOOK MAHALI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Book Mahali, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, demands, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or related to your use of the Platform or Services, your violation of these Terms, or your violation of any applicable laws or regulations.

Dispute Resolution

Any dispute arising out of or related to these Terms or your use of the Platform or Services shall be governed by and construed in accordance with the laws of Kenya. The parties agree to submit all disputes to the exclusive jurisdiction of the courts located in Nairobi, Kenya.

Entire Agreement

These Terms constitute the entire agreement between you and Book Mahali regarding your use of the Platform and Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

Amendment

Book Mahali may amend these Terms at any time by posting the amended Terms on the Platform. Your continued use of the Platform or Services after the amended Terms are posted constitutes your agreement to the amended Terms.

Contact Us

If you have any questions about these Terms, please contact Book Mahali at contact@bookmahali.co.ke

Terms & Conditions

Account Termination. You may terminate your Account at any time by contacting Book Mahali. Book Mahali may terminate your Account for any reason, at any time, and without notice. Upon termination of your Account, your right to access or use the Platform or Services will cease immediately.

User Conduct Prohibited Activities. You agree not to:

Use the Platform or Services for any unlawful purpose or in a manner that violates any applicable Kenyan law or regulation.

Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically offensive.

Infringe upon the intellectual property rights of any third party.

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt the Platform or Services or the servers or networks connected to the Platform or Services.

Use any automated data collection methods, such as robots, spiders, or scrapers, to access the Platform or Services.

Attempt to gain unauthorized access to the Platform or Services, or related systems, networks, or servers.

Sell or transfer your Account profile.

Community Guidelines. In addition to these Terms, Book Mahali may establish specific community guidelines that govern your use of the Platform and Services. You agree to comply with all such community guidelines. Listings and Bookings

Bookings. Users can book Spaces and Services through the Platform. When a User makes a Booking, they enter into a direct contract with the Host or Vendor. Book Mahali is not a party to this contract and does not assume any responsibility for the performance of the Booking.

Payment Processing. Book Mahali may facilitate the processing of payments for Bookings. However, Book Mahali is not a financial institution and does not hold any funds in escrow. All financial transactions are between the User and the Host or Vendor.

Host and Vendor Responsibilities

Hosts and Vendors are solely responsible for the quality, safety, and legality of their Spaces and Services.

Hosts are responsible for ensuring that their Spaces comply with all applicable Kenyan laws and regulations.

Hosts and Vendors are responsible for accurately describing their Spaces and Services in their Listings.

Hosts and Vendors are responsible for communicating clearly with Users about their Booking policies, including cancellation and refund policies.

User Responsibilities

Users are responsible for carefully reviewing all information in a Listing before making a Booking.

Users are responsible for complying with all applicable laws and regulations when using a Space or Service.

Users are responsible for respecting the property and rules of the Space they are booking. This includes leaving the Space in the same condition it was found in and adhering to any noise restrictions or guest limitations.

Users are responsible for their own safety and security while using a Space or Service.

Users are responsible for informing the Host or Vendor of any damages they cause to the Space.

Third-Party Content. The Platform may contain content owned by third parties ("Third-Party Content"). You agree not to use, reproduce, modify, publish, or distribute any Third-Party Content without the express written permission of the owner of such content.

User Conduct

Prohibited Activities. You agree not to:

Community Guidelines.

In addition to these Terms, Book Mahali may establish specific community guidelines that govern your use of the Platform and Services. You agree to comply with all such community guidelines.

Listings and Bookings