Terms and conditions are divided into:

TERMS FOR RENTERS

THE SITE AND SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OF AGE OR OLDER AND ONLY FOR MERCHANTS. ANY USE OF THE SITE OR SERVICES BY ANYONE UNDER THE AGE OF 18 AND WHO IS NOT A MERCHANT IS EXPRESSLY PROHIBITED. UPON SUBMITTING A BOOKING YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND THAT YOU ARE A MERCHANT.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. SERVICES IN TERMS HEREOF ARE SUBJECT TO THE LIMITATIONS AND EXCLUSIONS STATED HEREIN.

 

Mail: picnicentity@gmail.com

Terms of service for Renters

www.Picnic Entity.com is a registered web domain of Picnic Entity GmbH, a company whose details are set out above. Picnic Entity GmbH shall hereinafter be referred to as “Picnic Entity”, “we”, “us”, or “our”.

Picnic Entity provides an online platform that offers temporary leases which are accessible at www.Picnic Entity.com (the “Site”).

You agree to comply with and be legally bound by the terms and conditions of these terms (“Terms”), whether or not you become a registered Member. Picnic Entity reserves all rights in respect of access to and use of the Site and all Content. Please also read our Privacy Policy carefully here.

  1. Key terms
  • “Agreement” means the lease agreement between Picnic Entity as lessor and you as a renter, as determined by a your booking and a confirmation by Picnic Entity pursuant to clause 5
  • “Content” means all text, graphics, images, music, software, audio, video, information or other materials and Content that Picnic Entity makes available through the Site, including Member Content.
  • “Hire Fees” means the amounts that are due and payable by you in exchange for the hire of a Space, including all ancillary costs and taxes, if applicable, as displayed in the respective Listing.
  • “Listing” means a Space that is listed as available for rental via the Site.
  • “Member” means a person who completes Picnic Entity’s account registration process as described under “Account Registration” below.
  • “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site.
  • “Space” means any room, office, house, apartment, suite, hall, center, building or other property and/or its facilities and immediate surroundings offered for rent by Picnic Entity via the Site.
  1. How the Site Works

The Site can be used to book Spaces, including but not limited to rooms, offices, houses, apartments, suites, halls, centers, buildings or other properties and/or its immediate surroundings for residential, commercial or other purposes. Such Spaces are included in Listings on the Site. You may view Listings or book a Space as an unregistered visitor to the Site; however, if you wish to create a Listing, you must register to create a Picnic Entity Account (defined below).

  1. Account Registration and Access

In order to access certain features of the Site or create a Listing, you must first register to create an account (“Picnic Entity Account”) and become a Member. Your personal profile will be created based upon the information you provide. You may not have more than one (1) Picnic Entity Account. Access to your profile is password protected and you are responsible for safeguarding your password. Picnic Entity shall not be liable for any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees on whatsoever scale, arising out of or in any way connected with any activities or actions under your Picnic Entity Account, whether or not you have authorized such activities or actions. You will immediately notify Picnic Entity of any unauthorized use of your Picnic Entity Account.

  1. Information provided for Registration or Booking

You agree to provide accurate, current and complete information during the registration process and to update such information. The same applies to the information provided in the booking process.

  1. Bookings

If you request a booking, you submit an offer to Picnic Entity to enter into an Agreement. A booking will only become valid upon confirmation by Picnic Entity. Picnic Entity is required to either confirm or reject the booking request within the following period:

  • if a Booking Request Period” is displayed in the Listing, such period is decisive;
  • if no “Booking Request Period” is displayed in the Listing, the period is one week.

If Picnic Entity confirms a booking, we will summarize the material terms of the lease (including the applicable cancellation policy) in an email to you. Such confirmation shall constitute a commercial letter of acknowledgement. If you feel that it does not fully reflect what has been agreed, you have to inform us without undue delay.

Absent a confirmation by Picnic Entity in such period, the requested booking will be automatically cancelled. If a requested booking is not confirmed by Picnic Entity, any amounts collected by Picnic Entity will be refunded to you, depending on the selections you make via the Site and any pre-authorization of your credit card/M-pesa Account  will be released, if applicable.

  1. Financial Terms

The Hire Fees payable will be displayed to you before you send a booking request. You as a renter are liable to pay Picnic Entity using the methods described on the Site for the Hire Fees for any booking requested in connection with your Picnic Entity Account if such requested bookings are confirmed. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card/M-pesa Account  information either to Picnic Entity or its third party payment processor(s). In order to establish a booking, you understand and agree that Picnic Entity reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card/M-pesa Account  for the Hire Fees or (ii) charge your credit card/M-pesa Account  a nominal amount, not to exceed one dollar (EUR 1), or a similar sum in the currency in which you are transacting (e.g. one USD or one hundred Kenyan Shillings), to verify your credit card/M-pesa Account . Upon confirmation of your booking, Picnic Entity will charge your credit card/M-pesa Account for the Hire Fees. You duly authorize Picnic Entity or the third party online payment processor, as the case may be, to charge your credit card/M-pesa Account for said fees and collect said fees without requiring additional or prior approval from you subsequent to your booking request.

Please note that Picnic Entity cannot control any fees that may be charged to you by your bank related to Picnic Entity’s collection of the Hire Fees, and Picnic Entity disclaims all liability in this regard. If you are directed to Picnic Entity’s third party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing your confirmed booking.

  1. Cancellations by you

If you cancel your requested booking before the requested booking is confirmed, Picnic Entity will cancel any pre-authorization to your credit card/M-pesa Account and/or refund any nominal amounts charged to your credit card/M-pesa Account  in connection with the requested booking within a commercially reasonable time. If you wish to cancel a confirmed booking made via the Site, either prior to or after arriving at the Space, the cancellation policy of Picnic Entity pursuant to the individual Agreement will apply to such cancellation. Our ability to refund the Hire Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy pursuant to the individual Agreement.

  1. Terms of Lease

Hire Fees include all utilities (electricity, heating and water) unless noted otherwise in the respective Agreement. Hire Fees do not include any services unless noted otherwise in the respective Agreement.

You as a renter are responsible to return the Space clean and in the same state as handed over unless noted otherwise in the respective Agreement. You are responsible to return any keys you may obtain.

You are responsible to get insurance coverage that may be required to get (e.g. for events). For some Spaces, mandatory insurance against damages is required. If indicated in the respective Agreement, you have to obtain such insurance. We may request that you submit conclusive evidence that you have obtained such insurance. If we made such request and you have not submitted such evidence, Picnic Entity may withhold the Space; but you remain liable to pay Hire Fees.

You are responsible to get licenses that may be required for your event (e.g. noise/alcohol) and to comply with all applicable laws (in particular laws on noise protection).

You must not sublease Space except as expressly approved by Picnic Entity in writing (it being understood that e-mail shall suffice).

  1. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Content. In connection with your use of the Site and Content, you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  • use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content;
  • use the Site or Content for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Site or Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
  • “stalk” or harass any other user of our Site, our services or Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as Member;
  • register for more than one Picnic Entity Account or register for a Picnic Entity Account on behalf of an individual other than yourself;
  • unless Picnic Entity explicitly permits otherwise, request or book a hire of any Space if you will not actually be using the Space yourself;
  • contact owners of any Space for any purpose other than asking a question related to a confirmed booking of such owner’s Spaces or replying to such question;
  • recruit or otherwise solicit any owner or other Member to join third party services or websites that are competitive to Picnic Entity, without Picnic Entity’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site or Content;
  • use the Site, our services or Content to find the owner of a Space and then complete a booking of a Space independent of the Site , in order to circumvent the obligation to pay any Hire Fees to Picnic Entity or for any other reasons;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site or Content, or any individual element within the Site or Content, Picnic Entity’s name, any Picnic Entity trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without Picnic Entity’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Picnic Entity’s computer systems, or the technical delivery systems of Picnic Entity’s providers;
  • attempt to probe, scan, or test the vulnerability of any Picnic Entity system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Picnic Entity or any of Picnic Entity’s providers or any other third party (including another user) to protect the Site or Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Picnic Entity has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

  1. Ownership

You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of Picnic Entity and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content, or attempt to contest ownership thereof.

  1. Content License

Subject to your compliance with the terms and conditions of these Terms, Picnic Entity grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Content solely for your personal and non-commercial purposes and (ii) access and view any Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Picnic Entity or its licensors, except for the licenses and rights expressly granted in these Terms.

  1. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, you grant to Picnic Entity a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, by means of or to promote or market the Site. Picnic Entity does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or you have all rights, licenses, authorities, consents and releases that are necessary to grant to Picnic Entity the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Picnic Entity’s use of the Member Content (or any portion thereof) on, through or by means of the Site and our services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. Links

The Site may contain links to third party websites or resources. You acknowledge and agree that Picnic Entity is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Picnic Entity of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Picnic Entity platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located here.

  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or our services (“Feedback”). You may submit Feedback by emailing us picnicentity@gmail.com or through the “Contact” section of the Site here. You acknowledge and agree that all Feedback will be the sole and exclusive property of Picnic Entity and you hereby irrevocably assign to Picnic Entity and agree to irrevocably assign to Picnic Entity all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Picnic Entity’s request and expense, you will execute documents and take such further acts as Picnic Entity may reasonably request to assist Picnic Entity to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

  1. Copyright Policy

Picnic Entity respects copyright law and expects its users to do the same. It is Picnic Entity’s policy to terminate in appropriate circumstances the Picnic Entity Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Picnic Entity’s Copyright Policy here for further information.

  1. Suspension, Termination and Picnic Entity Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Picnic Entity Account or access thereto. In respect of the aforementioned, causes for limitation, suspension, deactivation or cancelation may include the creation of more than one (1) Picnic Entity Account by a Member or a Member providing information during the registration process or thereafter which proves to be inaccurate, fraudulent, outdated or incomplete. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Picnic Entity Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, services, your Picnic Entity Account, your Member Content, or receive assistance from Picnic Entity Customer Service, (b) we will not accept any offers or reservations, and (c) we may cancel bookings.

You may cancel your Picnic Entity Account at any time via the “Cancel Account” feature or by sending an email to picnicentity@gmail.com. Please note that if your Picnic Entity Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or Feedback.

  1. Limitation of Liability

Picnic Entity’s liability is limited as follows: Picnic Entity shall only be liable for damages if the cause of damage is based on gross negligence or intentional breach of obligations by Picnic Entity or by one of Picnic Entity’s legal representatives or agents.

In addition, Picnic Entity shall be liable for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the purpose of the Agreement or for the breach of obligations whose fulfilment enables the proper execution of the Agreement in the first place and on the fulfilment of which the customer regularly relies. Picnic Entity shall not assume liability for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.

The aforementioned limitation of liability shall not apply in the case of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product, and for the fraudulent concealment of deficiencies.

  1. Indemnification

You agree to release, defend, indemnify, and hold Picnic Entity harmless from and against any claims, liabilities, damages, losses, and expenses, arising out of or in any way connected with:

  • a) your Member Content and/or
  • b) your non-compliance with the terms of the Agreement concluded with Picnic Entity (in particular claims of owners).
  1. Individual Agreements

Individual agreements shall prevail over these Terms. The content of such individual agreements shall in each case be confirmed by both Picnic Entity and you in writing (it being understood that e-mail shall suffice).

  1. Controlling Law and Jurisdiction

The use of the Site and contesting of the validity, enforceability and termination of any Agreement are subject to Kenyan law and the jurisdiction of the courts of Kenya.

  1. Contacting Picnic Entity

If you have any questions about these Terms, please contact Picnic Entity at picnicentity@gmail.com.