Organiser Agreement

1. About this agreement

This Organiser Agreement applies when you use MOOKH to list events, sell tickets, or collect payments as an organiser. It is in addition to, and forms part of, our Terms of Service. Where this agreement conflicts with the general Terms, this agreement applies to your activities as an organiser.

In this agreement, "you" or the "Merchant" means the organiser — the individual or organisation listing the event and named as the seller of record.

2. Your role and responsibilities

You are the seller and merchant of record for your events. MOOKH acts only as your limited commercial agent to list events, facilitate ticket sales, and collect payment on your behalf. You are solely responsible for:

• the planning, production, delivery, safety, and lawful operation of your events;
• the accuracy of your listings, pricing, dates, venues, and event terms;
• obtaining all licences, permits, insurance, and approvals required for your events;
• complying with all applicable laws and regulations, including consumer, health and safety, and tax laws; and
• handling attendee enquiries, complaints, and your own refund decisions.

3. Appointment as booking and collection agent

The Merchant hereby appoints MOOKH Africa Ltd (“MOOKH”), and MOOKH accepts such appointment, to act strictly as a limited commercial agent to facilitate the marketing, booking, reservation, and collection of payments for tickets and admissions to events organized, managed, and hosted by the Merchant.

The legal contract of sale for admission to the event is entered into directly between the Merchant (as the principal supplier) and the event attendee (as the buyer). At no point does MOOKH:

• act as the organizer, producer, promoter, or principal supplier of the event or underlying admission rights;
• assume ownership, title, or principal responsibility for the delivery, quality, cancellation, postponement, or safety of the event; or
• acquire any proprietary interest in the ticket sales proceeds, which are collected and held by MOOKH in trust as agent for and on behalf of the Merchant until settlement.

4. Payouts and settlement

We collect ticket payments from buyers on your behalf and remit the proceeds to you, less our fees and any amounts we are permitted or required to deduct, in accordance with the payout schedule and method made available to you.

Payouts may be delayed, held, or withheld where we reasonably suspect fraud, excessive chargebacks or refund risk, a dispute, or a breach of these terms or applicable law, or where required by a payment partner or by law. You are responsible for providing accurate payout and settlement details; we are not liable for funds sent to details you provided incorrectly.

5. Platform fees and invoicing

In consideration for providing platform facilitation and ticketing services, MOOKH shall charge the Merchant a facilitation fee equal to six percent (6%) (the “Service Fee”) calculated on the gross value of each ticket successfully processed.

MOOKH’s Service Fee is exclusive of Value Added Tax (VAT). Pursuant to the Value Added Tax Act, 2013 and applicable electronic and digital marketplace regulations, MOOKH shall levy standard-rate VAT (currently 16%) solely on its Service Fee.

MOOKH shall generate and issue an electronic tax invoice compliant with the electronic Tax Invoice Management System (eTIMS) to the Merchant for the total Service Fee plus applicable VAT charged.

MOOKH is authorized to deduct its Service Fee and the associated VAT directly from the gross ticket revenues before remitting the net proceeds to the Merchant’s designated account.

6. Merchant tax responsibilities and indemnity

The Merchant explicitly acknowledges that it remains the sole principal liable for all direct and indirect taxes arising from ticket sales and event admissions under Kenyan law, including but not limited to:

• Value Added Tax (VAT) on the gross ticket price (where the Merchant is a registered taxable person or subject to VAT statutory thresholds);
• any local county entertainment taxes, cultural levies, music copyright royalties, or municipal licenses; and
• corporate or individual income tax on the gross earnings of the event.

Where applicable, the Merchant is solely responsible for issuing valid eTIMS invoices or receipts to attendees for the full admission price.

Where we are required by law to withhold or deduct tax (such as withholding tax) from your payout, we may do so and remit it to the relevant authority.

Tax indemnity. The Merchant agrees to defend, indemnify, and hold harmless MOOKH Africa Ltd, its directors, employees, and affiliates against any assessments, claims, penalties, interest, or liabilities levied by the Kenya Revenue Authority (KRA) or any regulatory body resulting from the Merchant’s failure to report, account for, or remit taxes due on event tickets.

7. Attendee receipts and disclosures

The Merchant authorizes MOOKH to issue a purchase confirmation, electronic ticket, or receipt to the attendee on the Merchant’s behalf.

Such receipt shall conspicuously state that the ticket is issued by MOOKH in its capacity as a booking agent on behalf of the Merchant, clearly identifying the Merchant’s trade name, legal entity, and KRA PIN (where provided).

8. Cancellations and refunds

You set the refund policy for each event, within the limits of applicable law and our Refund Policy. If you cancel, postpone, or materially change an event, you are responsible for the resulting refunds and for any related costs.

You authorise us to process refunds to buyers in line with your policy, the Refund Policy, or applicable law, and to recover the refunded amounts and any associated fees from your balance or future payouts. Where your balance is insufficient, you remain liable to us for the shortfall.

9. Chargebacks and disputes

You are responsible for chargebacks, payment reversals, and related fees arising from your events, except where they result solely from MOOKH’s proven fault. We may deduct or recover these amounts from your balance or future payouts, and may hold reserves against anticipated chargeback or refund risk.

10. Content standards

Your events and content must comply with the content standards in our Terms of Service. We may refuse, suspend, deactivate, or remove any event or content, and suspend or terminate your account, as described there — including events we consider unlawful, fraudulent, sexually explicit, harmful to minors, or otherwise harmful or objectionable.

11. Attendee data

You may receive personal data about attendees to manage your events. You are responsible for handling that data lawfully — using it only for the event it relates to, keeping it secure, and respecting attendees’ rights. Your handling of attendee data is also governed by our Data Processing Addendum and Privacy Policy.

12. Warranties and indemnity

You warrant that you have the right and authority to list and run your events and to grant us the rights in this agreement, and that your events and content do not infringe any third-party rights or breach any law.

You agree to indemnify and hold harmless MOOKH and its affiliates from any claim, liability, loss, or expense (including reasonable legal fees) arising from your events, your content, your breach of this agreement or the Terms of Service, or your failure to meet your tax, refund, or legal obligations.

13. Suspension and termination

We may suspend or terminate your access to organiser features at any time for breach of this agreement or the Terms, suspected fraud or unlawful activity, or risk to buyers, MOOKH, or third parties. On termination, amounts properly owed to you remain payable, subject to our right to set off refunds, chargebacks, fees, and other amounts you owe us.

14. Contact us

If you have any questions about this agreement, contact us at hello@mookh.africa or by phone at +254 798 984828.