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Terms and Conditions

Introduction

“Dyon Lifestyle and Entertainment Ltd" is a Nigeria-registered company with Company Registration Number 7089620, operating the festival "Owambe Fest 2023" where tickets, addons, and hospitality services (hereafter referred to as "Product and Services") may be purchased.

The following Booking Conditions set forth the terms and conditions governing the purchase of Tickets and Hospitality from us. Please read them carefully, as they establish all rights and obligations.

Definitions

"Ticket(s)": Refers to primary festival tickets directly allocated by us and offered for sale.

"Product and Services": Includes festival tickets, addons (e.g., merchandise), and hospitality tables.

"You" and "Your": Refer to the first person named on the booking and all individuals on whose behalf the booking is made.

"Us", "We", and "Our" shall pertain to Dyon Lifestyle and Entertainment Ltd, our employees, and our associated business partners.

These Booking Conditions set out the terms applicable to purchases of Tickets and Hospitality from us. If you are purchasing or wish to purchase from us, please see https://www.owambefest.com/

Legally Binding Contract

Your contract starts once we have confirmed your order and ends immediately after completion of the festival for which you have purchased Product and Services

A booking is considered made with us upon your payment (either in full or in parts). By making a booking with us, "You" the lead booker agrees that:

He/she has read and has the authority to be bound by these Booking Conditions.

A booking fee of 1.7% + N100 applies to all Product and Services advertised and sold on our website.

He/she accepts that a booking fee will apply to all Product and Services advertised and sold on our website.

He/she accepts financial responsibility for payment of the booking in its entirety

He/she consents to our use of personal data in accordance with our Privacy Policy and is authorised to disclose personal details of all individuals on the booking, including special categories of data (e.g., health conditions, disabilities, dietary requirements) where applicable.

He/she is over 18 years of age and where placing an order for Products and Services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase them.

In order to make a purchase from us, you must be 18 years old. You must also have a valid credit or debit card issued in your name.

He/she consents to the use of his/her likeness in any film, photography, audio, and/or audiovisual recording without compensation, to be exploited in any media for any purpose worldwide. This includes filming by the police or security staff for customer security or crime prevention. An objection to such use must be made in writing to dyonhq@gmail.com. Valid credit or debit card issued in the lead booker's name is required.

We reserve the right to make changes to the booking conditions, and any updates will be posted on our website. We recommend checking them regularly to stay informed about the current terms.

All purchases are subject to the applicable version of these Booking Conditions published at the time of purchase. If you do not agree with any revised version of these Booking Conditions, or cannot comply with it, you agree not to purchase them.

Products and Services

We offer various types of tickets, which will be clearly defined at the time of purchase through Afro Nation. Additionally, addons and hospitality tables may be sold at separate and additional prices.

By making a purchase, you agree that all Product and Services are non-refundable and non-exchangeable.

All prices are displayed in the currency that they will be charged in, and we accept no responsibility or liability for additional charges you may be subject to by your credit or debit card provider, or any currency exchange rate fluctuations, which are entirely at your risk.

Special Note: We do not sell packages, travel, or flights; therefore, no refunds will be granted for issues related to the performance or booking of flights and other travel arrangements associated with attending our festival.

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices.

Some Tickets are "market-priced," and so prices may increase or decrease at any time, based on demand. This is similar to how airline tickets and hotel rooms are sold and is commonly referred to as "Dynamic Pricing". You will not be entitled to a refund or credit if:

(i) the price you paid for a Ticket was at any time before you purchased your Ticket less than the Price you paid; or

(ii) the price of any other Tickets to the relevant festival (whether in the same price category or otherwise) is/are subsequently reduced after you purchase your Ticket.

Should you not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with us whether or not your order has been placed.

Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.

All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.

It is prohibited to obtain or attempt to obtain any Product and Services through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of these Booking Conditions, without any notice to you, and any and all Product and Services obtained as part of such orders will be void.

To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently, without any notice to you, and any and all Product and Services obtained as part of such orders will be void.

Special note: changes and errors sometimes occur. You must check the price of your chosen Product and Services at the time of booking.

Chargebacks

Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”).

Your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions.

If you have defaulted on a payment plan, attempt to amend it, or cancelled your booking with us [as detailed in clause 12], you will not be entitled to chargeback your credit or debit card and we will use this clause as evidence to defend any chargeback attempts.

Vouchers and Tickets

Vouchers or tickets will be dispatched as soon as reasonably possible and not before full balance has been paid by you. We are not able to specify the exact dates.

If you have not received your Vouchers or Tickets 5 days before the festival (or 5 days before you depart for the festival, if earlier) please make contact with us at dyonhq@gmail.com

You are responsible for providing a valid email address for e-delivery of the Tickets and ensuring that you are able to receive delivery of the Tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered, and by checking your email mailbox regularly (including junk or spam folders)).

We will not be liable for, and you will not be entitled to any refund where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct and complete delivery information and/or failure to ensure you are available to receive delivery of Tickets (via email, as applicable).

We reserve the right to make Tickets available for collection by you at the venue box office or at another designated ticket collection point. We will notify you of the arrangements for collection if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect Tickets, as well as the credit or debit card used to make the order.

It is your responsibility to check your Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact at dyonhq@gmail.com immediately if there is a mistake or error with your Tickets or if you do not receive your Tickets as ordered and/or as described in your order confirmation.

We may not be able to assist you if you do not inform us of any errors that are reasonably obvious from inspection of your Tickets within 5 days of receipt (and/or in good time prior to the festival date).

Any Ticket you purchase from us remains the property of us and is a personal revocable licence which may be withdrawn, and admission refused, at any time.

You acknowledge that lost, stolen, damaged or destroyed Tickets may not be able to be replaced and if we are able to issue replacement Tickets, we may charge you a reasonable administration fee.

Tickets purchases may be restricted to a maximum number per person (or business, as applicable), per credit or debit card and, a restriction may apply per household as well. We reserve the right to cancel any order(s) for Tickets purchased in excess of the relevant limits without notice.

You are not entitled to purchase any Tickets as a trader acting in the course of business with the intention of reselling your Tickets for profit unless formal written permission is given by us in advance. If we discover or have reason to suspect that you have purchased and intend to resell, or have sold Tickets in breach of this clause, we reserve the right to cancel your Tickets without notice.

Tickets purchased from us may not: (a) be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or (b) be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution, unless formal written permission is given by us in advance and provided that even if such permission is granted, use of our trademarks and other intellectual property is subject to the express prior written consent.

Complimentary tickets hold a zero-face value, and no cash alternative is offered. Which means should the event be cancelled or there be any complaint, it is exempt from any refund request

Events beyond our control

We will not be liable or provide compensation for our contractual obligations affected by Events Beyond Our Control, which are events beyond our or our supplier's control, and the consequences of which could not have been avoided even with reasonable measures. Examples include, but are not limited to, warfare, acts of terrorism or threat thereof, civil strife, significant risks to human safety and health (e.g., serious disease outbreaks, epidemics, pandemics, including the ongoing effects of Covid-19), natural disasters (e.g., floods, earthquakes, or weather conditions making travel unsafe), acts of any government or authority, industrial disputes, labor strikes, lock closure, natural or nuclear disasters, fire, chemical or biological disasters, unavoidable technical problems with transport, and all similar events beyond our or the supplier(s) concerned's control.

In the event that the festival is called off early due to circumstances beyond our control, we hereby assert that we shall not be held liable for any losses, damages, or compensation arising from such situations.

It is your responsibility to ensure you can enter the country where the festival is held. If you purchase a ticket and are denied entry into the Portugal due to restrictions imposed by the country's officials, this is considered an event beyond our control, and no refund will be granted.

Special Note: No refund or exchange of tickets will be issued if elements outside of our control affect your ability to attend the festival, including but not limited to travel restrictions from your country of origin or where the festival is held in the Portugal, quarantine, and vaccination requirements, etc.

Prohibited Content

The following is a partial list of the kind of content which is illegal or prohibited on the Site. It includes content that:

is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;harasses or advocates harassment of another person;involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);displays pornographic or sexually explicit material of any kind;provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;solicits passwords or personal identifying information for commercial or unlawful purposes from other users; andengages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Cancellations

Cancellation by Us:

In the unfortunate event that we must cancel a festival, we are committed to providing written confirmation of the cancellation. Additionally, we will communicate the details of our refund timeline and process to all affected parties.

Regrettably, we cannot assume liability for any expenses or losses you may incur due to the festival's cancellation.

It is essential to note that any fees associated with amendments or bookings, whether previously paid or agreed upon, are strictly non-refundable under any circumstances.

Cancellation by You:

If you choose to cancel your ticket voluntarily, you hereby agree to forfeit any and all funds already paid, as these payments are non-refundable. We wish to emphasize that our products and services are offered on a non-refundable basis, and as such, we cannot accept refund requests from our customers.

Postponement

Your ticket will be subject to the laws and regulations that apply in the Jurisdiction that the festival is held in and not where the ticket is purchased. Any changes in law or regulations enacted by that jurisdiction take precedence. In the unlikely event that the festival cannot take place as arranged, it will automatically be postponed and you will be entitled to a ticket of the equivalent value for the rearranged festival.

We will provide alternative dates for the re-arranged festival as early as reasonably possible.

Should you be unable to attend the re-arranged festival, you must inform us in writing within 30 days of the announced date. If we receive your written notice, we will advise you of the options available to you [e.g. transfer your of ticket and refund options]

Should you fail to provide us with written confirmation within 30 days-notice of the announcement of the re-arranged festival, you will have agreed to receive an alternative ticket.

Special Note: We cannot meet any expenses or losses that you may incur as a result of the postponement.

Warranties and Indemnities

You represent and warrant that the information that you submit to us in relation your account and in your use of our Product and Services is true, accurate and complete and you will not use any false information, including contact information.

You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with these Booking Conditions and any other applicable Booking Conditions.

You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of these Booking Conditions or any other applicable Booking Conditions, breach of any applicable laws or regulations, or breach of any third party rights.

Limitation of Liability

To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Suppliers shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by our suppliers):

(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or our suppliers;

(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or

(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of these Booking Conditions and/or any other applicable Booking Conditions and/or any applicable laws or regulations.

We are not responsible for any internet connection errors experienced while using our Product and Services.

Nothing in these Booking Conditions seeks to exclude or limit our or any liability for death or personal injury caused by our or any of our suppliers negligence, fraud or other type of liability which cannot by law be excluded or limited.

Last updated [05/09/2023]