Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Jikoni Space platform, website at jikoni.saracenmarketinggroup.com (the "Platform"), and the physical creative spaces managed by Saracen Marketing Group Limited ("Jikoni", "we", "us", or "our"), a company incorporated in Kenya with its principal place of business at Ideas House, Off Kabarsiran Avenue, Lavington, Nairobi.

By creating an account or making a booking, you ("Member", "you") agree to be bound by these Terms and our Privacy Policy , which is incorporated into these Terms by reference. If you do not agree, do not use the Platform or our spaces.

1. Eligibility and accounts

1.1 Age and legal capacity

You must be at least 18 years old and legally capable of entering into a binding contract under the Laws of Kenya to use our services. By registering, you represent and warrant that you meet these requirements.

1.2 Account registration

You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for all activity that occurs under your account. Do not share your login credentials with any other person. You must notify us immediately at jikoni@saracen-media.com if you become aware of any unauthorised use of your account.

1.3 KYC verification

Before you may make a booking, you must complete identity verification by providing your full name, Kenyan national ID number or passport number, phone number, and account type (individual or organisation). For organisation accounts, you must also provide the organisation's name. We verify this information to prevent fraud and maintain the security of our spaces and community. We reserve the right to decline or suspend accounts where verification fails or where we have reasonable grounds to suspect false information.

2. Booking spaces

2.1 How bookings work

All space bookings are made through the Platform. Submitting a booking request does not constitute a confirmed booking. A booking is confirmed only when we send you a written confirmation by email or notification through the Platform. We reserve the right to decline any booking request at our sole discretion.

2.2 Booking information

When making a booking you must accurately state: the space required, the date and time (which must fall within available slots), whether the booking is for individual or group use, the estimated number of people in your party if applicable, and the primary purpose of use. Providing false or misleading information is grounds for immediate cancellation without refund.

2.3 Booking types and duration

We offer hourly, half-day, and full-day booking slots. The duration of each slot is as described on the Platform. You must vacate the space by the end of your booked time. Exceeding your booked duration may incur additional charges at the applicable hourly rate and may result in restriction of future bookings.

2.4 Modifications

Requests to change a confirmed booking (date, time, space, or duration) are subject to availability and must be made at least 24 hours before the original booking start time. We will make reasonable efforts to accommodate modification requests but cannot guarantee availability.

3. Cancellations and refunds

3.1 Cancellation by you

Cancellations made at least 48 hours before the booking start time are eligible for a full refund. Cancellations made between 24 and 48 hours before the booking start time are eligible for a 50% refund. Cancellations made less than 24 hours before the booking start time, and no-shows, are not eligible for a refund. All refunds will be processed within 7 business days using the original payment method where practicable.

3.2 Cancellation by us

We may cancel or reschedule a confirmed booking in exceptional circumstances, including but not limited to: essential maintenance, safety or security concerns, events beyond our reasonable control (force majeure), or if we have reasonable grounds to believe you have breached these Terms. Where we cancel a confirmed booking for reasons other than your breach, we will offer you a full refund or, at your option, a credit toward a future booking.

3.3 Force majeure

We will not be liable for failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including natural disasters, government action, civil unrest, power outages, or pandemics. In such cases, we will notify you as soon as reasonably practicable and offer a reschedule or credit.

4. Payment

4.1 Fees and currency

All fees are quoted and charged in Kenyan Shillings (KES) inclusive of applicable taxes unless otherwise stated. The fee applicable to your booking is the fee displayed on the Platform at the time your booking is confirmed.

4.2 Payment methods

Payment is due before or at the time of your booking as directed on the Platform. We accept payment via M-Pesa and such other payment methods as we may make available from time to time. By providing payment details, you authorise us to charge the applicable fee.

4.3 Late payment

Where payment is not received by the due date, we reserve the right to cancel your booking, suspend your account, or pursue outstanding amounts through lawful means. We may charge interest on overdue amounts at the statutory rate under the Late Payment (Business Debt) Act or such other rate as we may specify in writing.

4.4 Price changes

We may change our pricing from time to time. Price changes will not affect confirmed bookings made before the effective date of the change.

5. Rules of use

5.1 Permitted use

Our spaces are made available for lawful professional, creative, and collaborative activities. You must use the space only for the purpose stated in your booking. You are responsible for the conduct of all guests and personnel you bring onto the premises.

5.2 Prohibited conduct

While using our spaces and Platform, you must not:

• Use the space for any unlawful purpose, or in breach of any applicable Kenyan or international law or regulation.
• Engage in, facilitate, or promote activities that are illegal, harmful, threatening, abusive, harassing, defamatory, or discriminatory.
• Exceed the stated capacity of any space.
• Bring onto the premises any weapons, controlled substances, or materials that are illegal or hazardous.
• Consume alcohol on the premises without prior written permission for a specific event booking.
• Smoke or vape anywhere other than the designated smoking points on the premises.
• Remove, damage, or misuse any equipment, furniture, or fixtures. You will be held liable for the cost of repair or replacement.
• Record or photograph other members or guests without their express consent.
• Sublease, resell, or transfer your booking to a third party without our prior written consent.
• Access any part of the premises outside the hours and areas covered by your booking.

5.3 Damage and liability

You are responsible for any damage caused to the premises, equipment, or property of Jikoni or other members during your booking. We may charge the cost of repair or replacement to the payment method on your account. Where damage is significant, we reserve the right to require a security deposit for future bookings.

6. Intellectual property

6.1 Our property

The Platform, including all content, design, software, trademarks, and intellectual property on it, is owned by or licensed to Saracen Marketing Group Limited. You may not reproduce, distribute, modify, or create derivative works from any part of the Platform without our prior written consent.

6.2 Your content

We do not claim ownership of any creative work you produce while using our spaces. Where you share content through the Platform (for example, in a booking request), you grant us a limited, non-exclusive licence to use that content solely for the purpose of managing your booking.

7. Limitation of liability

7.1 Our liability

To the fullest extent permitted by the Laws of Kenya, our total liability to you for any claim arising out of or in connection with these Terms or your use of our spaces or Platform shall not exceed the total fees paid by you to us in the 3 months immediately preceding the event giving rise to the claim.

7.2 Exclusions

We are not liable for: any indirect, incidental, special, consequential, or punitive loss or damage; loss of profits, revenue, business, or data; or any loss not reasonably foreseeable at the time you entered into these Terms. We are also not liable for the theft, damage, or loss of any personal property brought onto our premises. Members bring personal belongings at their own risk.

7.3 Nothing excluded

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable Kenyan law.

8. Suspension and termination

8.1 Termination by you

You may close your account at any time by contacting us at jikoni@saracen-media.com . Outstanding fees for confirmed bookings remain payable upon account closure.

8.2 Termination or suspension by us

We may immediately suspend or terminate your account and any pending bookings, with or without notice, if: you breach these Terms in a material way; we have reasonable grounds to suspect fraudulent, illegal, or harmful activity; you fail to pay amounts due; or we determine that your continued access would pose a risk to the safety or wellbeing of our staff, other members, or the premises. Where we terminate for a reason other than your breach, we will refund any prepaid fees for cancelled bookings.

9. Privacy

Your use of the Platform is also subject to our Privacy Policy , which explains how we collect, use, and protect your personal data. By agreeing to these Terms, you acknowledge you have read and understood the Privacy Policy.

10. Changes to these Terms

We may amend these Terms from time to time. We will notify you of material changes by email and by updating the "Last updated" date at the top of this page. The amended Terms will take effect 14 days after notice, or immediately if the change is required by law. If you do not accept the amended Terms, you should close your account before the effective date. Your continued use of the Platform or our spaces after the effective date constitutes acceptance of the revised Terms.

11. Governing law and disputes

11.1 Governing law

These Terms are governed by and shall be construed in accordance with the Laws of Kenya. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

11.2 Dispute resolution

Before initiating any formal proceedings, you agree to contact us at jikoni@saracen-media.com to seek an informal resolution. We will endeavour to respond within 10 business days. If the dispute is not resolved within 30 days of your initial contact, either party may pursue the matter through the courts of Kenya or, by mutual written agreement, refer it to mediation or arbitration under the Arbitration Act (Cap. 49 of the Laws of Kenya).

12. General

Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Jikoni regarding your use of the Platform and spaces, and supersede all prior agreements or understandings on those matters.

Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.