TERMS & CONDITIONS
OVERVIEW
This website is operated by Tyrix Cooperation Limited . Throughout the site, the terms “we”, “us” and “our” refer to Tyrix Cooperation Limited and/or NIAPASS. Tyrix Cooperation Limited offers this website, 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 platform 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 Vendor or Seller or Merchant
An individual, organization or company that applies to, or registers to use, or uses the NIAPASS platform to sell or distribute tickets and have payments processed by NIAPASS for their customers.
b. Customer or Buyer
A person that makes purchases or books a ticket using NIAPASS.
c. NIAPASS
The platform that allows merchants/Vendors to manage their event ticketing, sell and/or distribute tickets to their customers using the available payment gateways (Mobile Money, Visa and Mastercard) through different currencies.
d. Payment Transaction
The processing of a payment through NIAPASS 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 Vendor for any thing transacted through the NIAPASS platform.
f. Event
Any event that is listed for sale or ticket booking by a Vendor that a customer may pay for using NIAPASS.
g. Purchase Amount
The amount of a Payment Transaction to pay for an event and any related fees or taxes as applicable.
h. “We” or “Us”
relates to the NIAPASS platform and/or Tyrix Cooperation Limited.
j. NIAPASS Account
Vendors virtual account (sellers dashboard) on NIAPASS through which they are able to manage their event and view payments made.
2. REQUIREMENTS FOR REGISTRATION
In order to use NIAPASS, you hereby consent to provide and agree to complete all required information elements on NIAPASS registration web pages. You must register a valid bank account and M-PESA enabled number to receive remittance from NIAPASS. You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate. Should you provide inaccurate settlement information, we are not liable to you in the event you are unable to recover the funds settled.
We may require you to provide additional information as a condition of continued use of NIAPASS, or to assist in determining whether to permit you to continue to use NIAPASS. 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, you represent that you are:
– 18 years old or older;
– and Capable of entering into a legally binding agreement.
3. PAYMENT PROCESSING
NIAPASS allows merchants to upload events on to their NIAPASS page and facilitates the processing of Payment Transactions to complete a payment for a purchase between the Vendor and a Customer. NIAPASS will store information from Customers, such as their Payment Instruments, and will process Payment Transactions on behalf of Vendors.
We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Vendors, or other applicable NIAPASS policies, as determined in NIAPASS’s sole and absolute discretion.
Vendors authorizes NIAPASS to charge or debit to Vendors NIAPASS account the necessary charge necessary to complete processing of a Payment Transaction by a Customer.
Vendor also authorizes the charge or debiting of Vendors NIAPASS account in connection with reversals, chargebacks, refunds, or adjustments that may arise from customer payments.
To ensure Buyer security, ticketing settlements will be made available after the event is successfully concluded. Settlements will be remitted after the request is made for remittance by the Vendor via their NIAPASS vendor dashboard. The merchant must confirm that their settlement details are correct and then proceed to make a withdrawal via their NIAPASS vendor dashboard.
If you require early settlement (payment before the event) to cover event-related expenses, please email us at info@niapass.com to submit your request for review. Upon approval, you will be required to sign an undertaking agreeing to refund your Buyers in full or in part, as necessary, in the event your event is canceled.
Vendor Event Cancellation and Refund Obligation
As a Vendor/Event Organizer by registering and using the NIAPASS platform, you agree to issue full or partial refunds, as applicable, to buyers in the event of a cancellation, except in a verifiable case of force majeure.
NIAPASS reserves the right to process refunds directly to buyers, regardless of your consent, if your event is canceled under the aforementioned circumstances.
If you have received an early settlement of ticket revenue prior to the event, you are required to ensure that adequate funds are available to process all refunds. NIAPASS may deduct the refund amounts from any future settlements or take other necessary actions to ensure buyers are reimbursed.
By registering and using the NIAPASS platform, you acknowledge and agree to these terms regarding cancellations and refunds.
The postponement of an event does not constitute a cancellation, and Buyers are not entitled to a refund under such circumstances. However, NIAPASS encourages Event Organizers to be considerate of their Buyers by allowing refunds if a Buyer cannot attend the event on the rescheduled date.
All refund requests will be forwarded to the Event Organizer for approval via their registered email address on the NIAPASS platform. Event Organizers are responsible for responding to these requests in a timely and fair manner.
4. LIMITATION ON THE USE OF SERVICE
We reserve the right to change, suspend or discontinue any aspect of NIAPASS at any time, including hours of operation or availability of NIAPASS or any NIAPASS feature, without notice and without liability. We also reserve the right to impose limits on certain NIAPASS features or restrict access to parts or all of NIAPASS without notice and without liability.
We do not warrant that the functions contained in NIAPASS 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 on NIAPASS).
We may limit or suspend your use of NIAPASS at any time, in our sole and absolute discretion. If we suspend your use of NIAPASS, we will attempt to notify you by your registered e–mail on your NIAPASS account.
5. NIAPASS ACCOUNT INFORMATION
You agree to maintain the confidentiality of your NIAPASS Account.
We are not liable to you for any and all transactions by persons that you give access to or that otherwise use your NIAPASS account.
We are not liable to you for any and all consequences of use or misuse of your NIAPASS account by persons that you give access to or that otherwise use your NIAPASS account.
You agree to notify us immediately of any unauthorized use of your NIAPASS account or any other breach of security regarding NIAPASS of which you have knowledge.
6. PRIVACY AND DATA PROTECTION
You understand and agree that personal information provided to us in connection with NIAPASS is subject to NIAPASS’s Privacy Policy.
Additionally, if:
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.
7. 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 platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8.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.
9. SERVICE FEES
We do not charge a fee to use NIAPASS to upload events on to your NIAPASS page. NIAPASS fee is applicable only when tickets are purchased from your NIAPASS page.
There is a NO REFUND policy on our fee after transactions are completed using NIAPASS.
10. BUYER TERMS
A. Refund Policy
As a buyer, we strive to ensure that you can shop with safety and confidence.
Refunds are handled in accordance with the Event Organizer’s refund policy. NIAPASS acts solely as a payment processing platform and ticketing service provider, collecting funds on behalf of the Event Organizer. The funds collected do not belong to NIAPASS but to the Event Organizer. As such, any refund requests must be approved by the Event Organizer, unless explicitly stated otherwise.
Vendors/Event Organizers using NIAPASS are required to issue full or partial refunds, as applicable, if their event is canceled, except in a verifiable case of force majeure.
The postponement of an event does not constitute a cancellation, and Buyers are not entitled to a refund under such circumstances. Refunds for postponed events are subject to the discretion of the Event Organizer and their stated refund policy.
All other refund requests will be addressed at the discretion of the Event Organizer and in accordance with their refund policy. If the Event Organizer does not have an explicit refund policy, refund decisions will be made solely at their discretion.
To request a refund for reasons not covered above, please email info@niapass.com and we will forward your request to the respective Event Organizer for their consideration and approval.
B. NIAPASS Limitation of Liability
NIAPASS shall not be liable for:
The loss, defacement, or damage of your ticket due to your negligence or any other cause.
The cancellation of any event or any delays in its commencement.
Any personal harm, injury, or accidents occurring before, during, or after an event.
Theft of your ticket or any personal belongings during an event.
Dissatisfaction, disappointments, or frustrations with an event or its organization.
Tickets purchased from any source other than NIAPASS directly.
C. Ticket Security and Responsibility
As a buyer, you are responsible for keeping your ticket safe and secure. NIAPASS is not liable for any issues arising from the unauthorized use of your ticket. If your ticket is used without your knowledge or consent, we are not obligated to provide you a replacement or refund.
If you suspect that your ticket has been compromised, please contact us immediately at info@niapass.com to report the issue. Prompt notification will allow us to assist you in resolving the matter where possible.
D. Lost Tickets
If you lose your ticket, you can access it via your buyer account. Create an account at https://niapass.com/my-account using the email address you used to purchase the ticket. Alternatively, you may email us at info@niapass.com to request a resend of your ticket. For security reasons, you must email us using the same email address associated with the purchase. Additional information may be requested to confirm you are the rightful owner of the ticket.
D. Lost Tickets
All official issues, complaints, and requests must be submitted via our email channel at info@niapass.com. Submitting complaints or requests through social media channels does not constitute an official submission and will not be considered as such. For a prompt and official response, please ensure all correspondence is sent to the provided email address.
11. DISPUTES
NIAPASS will provide various tools to assist Vendors and Buyers in communicating with each other to resolve a dispute that may arise with respect to their transaction.
If Vendors and Customers are unable to resolve a dispute, we can mediate disputes between them if either party requests assistance.
12. NIAPASS IS NOT A BANKING INSTITUTION
NIAPASS processes Payment Transactions on behalf of Merchants. NIAPASS is not a bank or other chartered depository institution.
13. TERMINATION OF SERVICE
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of NIAPASS for any reason, including without limitation to inactivity or violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of your use of NIAPASS, 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 NIAPASS, including without limitation by deactivating your NIAPASS account and to refuse future access to NIAPASS by you.
14. SEVERABILITY
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.
15. 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.
16. 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 NIAPASS.
17. LIMITATIONS OF LIABILITY; FORCE MAJEURE
NIAPASS shall not be liable to the Vendor or Buyer in the event of any disruption of NIAPASS or the Payment Platform or any part thereof resulting from Force Majeure and Tyrix Cooperation Limited may suspend NIAPASS 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 NIAPASS or its Vendors to perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes, credible security threats, as well as any global or partial dysfunction of NIAPASS caused by disruption or suspension of the telecommunication facilities.
18. 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, immoral, or pornographic purpose.
To interfere with or circumvent the security features of the platform, related websites, 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.
19. MODIFICATIONS OF TERMS OF SERVICE
We reserve the right, at our sole discretion, to modify, amend, or update any portion of these Terms of Service at any time by posting a notification on the NIAPASS website or by directly communicating the changes to you.
Such modifications will take effect immediately upon posting and will apply to all platform usage initiated thereafter. By continuing to use NIAPASS after the changes are posted, you are deemed to have accepted the modifications. If you do not agree with any changes, your sole remedy is to discontinue your use of NIAPASS and terminate your account which you can request by contacting us at info@niapass.com.
20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@niapass.com