TERMS OF SERVICE

Last updated: July 7th, 2024

OVERVIEW

This website is operated by JETMAN GLOBAL. Throughout the site, the terms “we”, “us” and “our” refer to JETMAN GLOBAL. JETMAN GLOBAL 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 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. DEFINTION OF TERMS

The following defined terms appear in this Terms of Service:

a). “You” or Merchant or Seller

An individual, organization or company that applies to, or registers to use, or uses the JETMAN GLOBAL platform to sell and have payments processed by JETMAN GLOBAL for their customers.

b). Customer or Buyer

A person that makes purchases using JETMAN GLOBAL.

c). Payment Transaction

The processing of a payment through JETMAN GLOBAL 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.

d). Transaction Fees

The levy charged to the merchant for any product transacted through the JETMAN GLOBAL application.

e). Product

Any merchandise, good or service that is listed for sale by a merchant that a customer may pay for using JETMAN GLOBAL.

f). Purchase Amount

The amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.

g). “We” or "Us"

relates to JETMAN GLOBAL.

h). JETMAN GLOBAL Account

Merchants virtual payment account on JETMAN GLOBAL through which they are able to view payments made for product.


2. REQUIREMENTS FOR REGISTRATION

In order to use JETMAN GLOBAL, you hereby consent to provide and agree to complete all required information elements on JETMAN GLOBAL registration web pages. You must register a valid bank account and M-PESA enabled number to receive remittance from JETMAN GLOBAL. 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 JETMAN GLOBAL, or to assist in determining whether to permit you to continue to use JETMAN GLOBAL. 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

JETMAN GLOBAL allows merchants to upload products, tickets or digital content on to their JETMAN GLOBAL page and facilitates the processing of Payment Transactions to complete a payment for a purchase between the Merchant and a Customer.

JETMAN GLOBAL 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 JETMAN GLOBAL policies, as determined in JETMAN GLOBAL's sole and absolute discretion.

Merchant authorizes JETMAN GLOBAL to charge or debit to Merchants JETMAN GLOBAL account the necessary charge necessary to complete processing of a Payment Transaction by a Customer.

Merchant also authorizes the crediting to Merchants JETMAN GLOBAL account in connection with reversals, refunds, or adjustments through JETMAN GLOBAL.

You acknowledge and agree that your purchases of Products are transactions between you and the Customer, and not with JETMAN GLOBAL.

JETMAN GLOBAL is not a party to Merchants purchase of Products, and JETMAN GLOBAL is not a Merchant or a Customer in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a JETMAN GLOBAL Web Site www.jetman.global.

You agree to protect JETMAN GLOBAL from any fraudulent activity and ensure Customer security, JETMAN GLOBAL will hold any payments made for physical products until JETMAN GLOBAL receives delivery confirmation using the JETMAN GLOBAL delivery confirmation system.

Ticketing payments will be made the day after the event. Digital Content and donation payments will be remitted when the request is made for remittance by the merchant.


4. LIMITATION ON THE USE OF SERVICE

We reserve the right to change, suspend or discontinue any aspect of JETMAN GLOBAL at any time, including hours of operation or availability of JETMAN GLOBAL or any JETMAN GLOBAL feature, without notice and without liability. We also reserve the right to impose limits on certain JETMAN GLOBAL features or restrict access to parts or all of JETMAN GLOBAL without notice and without liability.

We do not warrant that the functions contained in JETMAN GLOBAL 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 JETMAN GLOBAL).

We may limit or suspend your use of JETMAN GLOBAL at any time, in our sole and absolute discretion. If we suspend your use of JETMAN GLOBAL, we will attempt to notify you by your registered electronic mail in your JETMAN GLOBAL account.


5. DELIVERY

Merchants will be required to adhere to JETMAN GLOBAL's delivery verification system. Unfullfiled / unverified deliveries will be deemed incomplete and result in delay of payment remittance until verified.


6. JETMAN GLOBAL ACCOUNT INFORMATION

i. Maintaining the confidentiality of your JETMAN GLOBAL Account.
ii. Any and all transactions by persons that you give access to or that otherwise use your JETMAN GLOBAL account.
iii. Any and all consequences of use or misuse of your JETMAN GLOBAL account.
iv. You agree to notify us immediately of any unauthorized use of your JETMAN GLOBAL account or any other breach of security regarding JETMAN GLOBAL of which you have knowledge.


7. PRIVACY AND DATA PROTECTION

You understand and agree that personal information provided to us in connection with JETMAN GLOBAL is subject to JETMAN GLOBAL's Privacy Policy.

JETMAN GLOBAL is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that JETMAN GLOBALs collection, usage and disclosure of this personal information is governed by our Privacy policy.

Additionally, if:

a. You are established in the European Economic Area (EEA).
b. You provide goods or services to customers in the EEA.
c. 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

JETMAN GLOBAL fee is applicable only when products, tickets or digital content are purchased from your JETMAN GLOBAL page. There is a NO REFUND policy on our fee after transactions are completed using JETMAN GLOBAL.


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:

A flight is cancelled or postponed (except in the case of a force majeure).

All other requests for refunds will be addressed as per situation and is upon the discretion of the seller. If you would like to request a refund for any other reason other than what is stated above, please send an email to sales@jetman.co.ke and we will forward your request to the respective seller for consideration.


12. DISPUTES

JETMAN GLOBAL will provide various tools to assist Merchants and Customers in communicating with each other to resolve a dispute that may arise with respect to their transaction.

If Merchant and Customers are unable to resolve a dispute, we can mediate disputes between them if either party requests assistance.


13. JETMAN GLOBAL IS NOT A BANKING INSTITUTION

JETMAN GLOBAL processes Payment Transactions on behalf of Merchants. JETMAN GLOBAL 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 JETMAN GLOBAL 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 JETMAN GLOBAL, 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 JETMAN GLOBAL, including without limitation by deactivating your JETMAN GLOBAL account and to refuse future access to JETMAN GLOBAL by you.


15. NO ENDORSEMENT OF PRODUCTS

JETMAN GLOBAL does not represent or endorse, and shall not be responsible for:

i. 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 JETMAN GLOBAL.

The ability of Customers to buy Products or Merchants to deliver Products. JETMAN GLOBAL hereby disclaims any liability or responsibility for errors or omissions in any Content or in JETMAN GLOBAL.


16. 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.


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 JETMAN GLOBAL.


19. LIMITATIONS OF LIABILITY; FORCE MAJEURE

JETMAN GLOBAL shall not be liable to the Buyer in the event of any disruption of JETMAN GLOBAL or the Payment Platform or any part thereof resulting from Force Majeure and JETMAN GLOBAL may suspend JETMAN GLOBAL 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 JETMAN GLOBAL or its sellers 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 JETMAN GLOBAL 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:

a. For any unlawful purpose.

b. To solicit others to perform or participate in any unlawful acts.

c. To violate any international, National regulations, rules, laws, or local ordinances.

d. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

e. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

f. 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.

g. To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.

h. 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 JETMAN GLOBAL 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 JETMAN GLOBAL.


22. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@jetman.co.ke