Terms and Conditions ("Terms")
Last updated: (12/7/2017)
Please read these Terms and Conditions (“Terms”) carefully before using the Service.
Bookoutdoormedia.co.ke is operated by Trelisa Holding Limited a registered company in the Republic of Kenya.
BY ACCEPTING THESE TERMS OF SERVICE,ACCESSING THE SITE,REGISTERING ON THE SITE,CONTINUING TO USE THE SITE OR SERVICES AFTER WE POST ANY CHANGES,YOU(ON BEHALF OF YOURSELF AND THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY ALL THESE TERMS OF SERVICE,AND ALL POLICIES OF THE SITE WHICH ARE HEREBY INCORPORATED HEREIN BY REFERENCE.
Scope of Service
These terms and conditions apply to all types of services Bookoutdoormedia offers, both direct and indirect. The terms “you”, “your”, “yourself”, “yours” and “advertiser” refer to the individual person or corporation who subscribes to our newsletters and offers, creates an account with us or makes a booking (whether complete/incomplete, successful/unsuccessful) through this website. The term “Media Owner” refers to any person whose outdoor media is advertised on Bookoutdoormedia.co.ke regardless of whether a signed deal between us and them exists or does not.
Through our website, we (Bookoutdoormedia.co.ke) provide an online booking platform through which outdoor media owners (billboard owners, transit ad owners’ e.t.c) can advertise their services for booking, and through which advertisers who visit the site can book such outdoor media properties. By making a booking through bookoutdoormedia.co.ke you enter into a legally binding agreement with the media owner from whom you book. We only act as an intermediary to facilitate the booking. In the case of post-payment bookings our role is limited to the transmission of information between you and the media owner. In the case of pre-payment, we manage the payment between you and the media owner. The information provided by us to advertisers who visit our website is provided by media owners. Media Owners are given access to a portal through which they manage and are responsible for information about their media property, including rates and availability. As such, while we try to ensure that all information on our website is accurate at all times, we cannot guarantee accuracy and hence cannot be held responsible for any inaccurate information or non-delivery information. Nor can we be held responsible for any interruptions, breakdown, repair, upgrade or maintenance of our website. Our website is not, and should not be considered a recommendation of the quality, value, service level or rating of any services availed by the media owner.
Services provided are exclusive of production cost unless expressly stated in the package. Any issues related to production of the advert will fall under the responsibility of the third party in charge (Printing Company and company that puts up ad)
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to book any service made available through the site (“Booking”), you may be asked to supply certain information relevant to your booking.
Obligation to Complete Transaction
If you offer a Media Property for booking on the Site, you agree to sell such Media Property to any advertiser that (i) offers the listed price (as set forth on the Site), or (ii) offers a price that you accept via the Site or otherwise; provided in each case that such buyer meets the terms of the agreement between you and such buyer relating to the sale of such Media Property.
b. If you make an offer on a Media Property offered for sale on the Site and the applicable media owner accepts such offer, you agree to actually purchase such Media Property in accordance with the terms of the agreement between you and the applicable media owner relating to the sale of such Media Property.
c. In the event you fail to purchase a Media Property in violation of section (b) above, we may, in addition to our other remedies, require you to pay, as liquidated damages and not as a penalty, one percent (1%) of your highest offered price on such Media Property. The parties agree that the foregoing liquidated damages are reasonable in light of the anticipated or actual harm caused by a breach of sections (b), the difficulties of proof of loss and the inconvenience or non-feasibility of otherwise obtaining an adequate remedy.
Our Service is free of charge. We do not charge advertisers a fee for making bookings. Media owners pay a facilitation fee subject to a mutual agreement.
There are three ways to make payments. You can pay the media owner within 30 days of receiving the invoice, In which case, Bookoutdoormedia will not be responsible for any disappointments that may be faced by choosing this payment method or a media owner that only accepts it. However you will still enjoy discounts if any indicated in our site.
The second option is to pay into our locally operated Bank Account; You can pay the monthly advertising campaign fee within 30 days of receiving the invoice in three different ways: if you are not in Kenya, an international bank transfer can be done, if you are situated anywhere within Kenya, a local online bank transfer can be done or you may pay money directly into our bank account at any recognised branch of the bank we operate with.
The third payment option we offer is through the use of ATM Cards and mobile money. You can pay the monthly advertising campaign fee within 30 days of receiving the invoice with your ATM card through a third party link we provide on the website. Bookoutdoormedia does not process any other type of card payments, including credit card payments. Any amount charged to you will be in Kenyan shillings. Tax rates and foreign exchange rates could change in the time between booking and campaign start.
Late payments shall attract an interest charge.
Right after you make a booking through the website, we will send a confirmation of receipt of this request and send subsequent emails to keep you updated on the booking progress. You will most likely confirm your booking over the phone or email and advise us on how you intend to make payment, if you have not already done so (Please note that some media owners either do not reserve their spaces or cannot guarantee the availability of your ad spot without prepayment of a deposit) We Will remain in touch with you from the day you make your booking, up until your campaign ends to ensure you had a pleasant experience. We will equally send you any outdoor media offers and industry news which you can opt out by unsubscribing at any time. We also welcome your feedback on media properties you book.
You agree that you are solely responsible for determining, collecting, reporting, and remitting all applicable Taxes to the appropriate tax authority. “Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of Products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
Privacy And Cookies.
Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the content you upload on the site
Links to Other Web Sites.
Our Site may contain links to third-party web sites or services that are not owned or controlled by Bookoutdoormedia. Bookoutdoormedia has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Book Outdoor Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through our site.
Any claim relating to Bookoutdoormedia’ s web site shall be governed by the laws of the Republic of Kenya without regard to its conflict of law provisions.
Bookoutdoormedia bears no responsibility for any liability that may arise from booking the outdoor media, either to the media owner, customer or any government agency. All final parties that offer Post payments options are liable for any loss they may incur and have to take their own measures to ensure they receive payments from customers.
You agree to indemnify and hold Bookoutdoormedia, its officers, subsidiaries, members, affiliates, successors, assigns, directors, officers, agents, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of (i) Content you submit, post, request to be posted, or otherwise make available, directly or indirectly, through the Site or Services, (ii) your use of the Site or Services, (iii) your violation of this Agreement, (iv) your breach of any of the representations and warranties herein, or (v) your violation or alleged violation of any rights of another.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Requirements For Adding a Listing
For a listing to be published for booking on Bookoutdoormedia, the following requirements should be met:
- All media property listed for booking should have a valid permit.
- The onus of proving ownership lies with the Media Owner.
- At this time Media Property should be located in Nairobi.
If you have any questions about these Terms, please contact us