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.

Terms of service for Owners

picnic-entity.web.app is a registered web domain of Picnic Entity, a company whose details are set out above. Picnic Entity 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 picnic-entity.web.app (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 renter and you as an owner, as determined by Picnic Entity’s booking and a confirmation by Picnic Entity pursuant to clause 4.
  • “Content” means all text, graphics, images, music, software, audio, video, information or other materials that Picnic Entity makes available through the Site, including Member Content.
  • “Hire Fees” means the amounts that are due and payable by a Renter to Picnic Entity in exchange for the Renters hire of a Space, as determined by agreement between Picnic Entity and the respective Renter.
  • “Leasing Date” means the date of a lease agreed or to be agreed between Picnic Entity for a specific Space in accordance with section 4 of these Terms.
  • “Leasing Fees” means the amounts that are due and payable by Picnic Entity in exchange for Picnic Entity’ s hire of a Space, including all ancillary costs and taxes, if applicable.
  • “Listing” means a Space that is listed by you 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 or services.
  • “Renter” means any person or entity who subleases or attempts to sublease a Space you produced a Listing for from Picnic Entity.
  • “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 you via the Site.
  1. Account Registration and Access

If you wish to 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. You agree to provide accurate, current and complete information during the registration process and to update such information. 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. Space Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Space and pricing and related rules and financial terms. In order to be featured in Listings via the Site, all Spaces must have valid physical addresses. Listings will be made publicly available via the Site. Users will be able to book your Space via the Site from Picnic Entity based upon the information provided in your Listing. You understand and agree that once a Picnic Entity requests a booking of your Space, you may not request Picnic Entity to pay a higher Leasing Fee than in the Listing.

You acknowledge and agree that you are responsible for management, maintenance and updating of any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and Picnic Entity’s use of a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.

Picnic Entity reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Picnic Entity, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Picnic Entity’s then-current Policies and Community Guidelines , or otherwise harmful to the Site or services, but shall not be liable for any consequences due to its failure to remove such access.

Picnic Entity reserves the right, at any time and without prior notice, to edit any content of any Listing solely for optimization of online marketing.

Picnic Entity may offer you the option of having photographers take photographs of your Spaces. If you choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Picnic Entity Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Picnic Entity, including Verified Images, constitute Content, regardless of whether you include them in your Listing.

  1. Bookings

Picnic Entity offers different options for you:

When registering a Space, you may opt to be available for “Instant Booking”. In such case, you provide Picnic Entity with binding quotes for Leasing Fees for the Space in question. Such registration is deemed a binding offer towards Picnic Entity. We may accept such offer by notifying you that we accept the offer for a specified Leasing Date in which case the Agreement is concluded. You may withdraw from such offer by amending your registration of the Space, as long as the offer is not accepted.

Alternatively, you may opt to be available for the “Request to Book” only, in which case Picnic Entity may provide you with an offer for a specified Leasing Date. You commit to confirm or request a booking within two working days (Monday to Friday) from receipt of a corresponding offer. If you granted exclusivity to Picnic Entity and a booking is requested for your Space, you will either confirm or reject the booking request within two working days (Monday to Friday), otherwise the booking request will be automatically cancelled. When you confirm a booking requested, Picnic Entity will send to you an email or text message confirming such booking, depending on the selections you make.

Upon request from Picnic Entity, you have to reserve available Spaces for three working days (Monday to Friday) free of charge.

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

  1. Financial Terms

Leasing Fees include all utilities (electricity, heating and water) unless as submitted by you in the course of the registration process. Leasing Fees do not include any services unless noted otherwise in the registration of the Listing.

Picnic Entity pays Leasing Fees as submitted by you in the course of the registration process within one week following the respective Hire Date.

  1. Cancellations by you

If you confirm a booking request by Picnic Entity, you have concluded a binding Agreement. You may not withdraw from such Agreement.

Picnic Entity may cancel a confirmed booking at the conditions of the individual Agreement.

  1. Terms of Lease

Picnic Entity is entitled to sublease the Spaces leased from you to Renters of its choice.

You will reply to our questions and questions of Renters related to the booking of your Space during normal business hours. On the Hire Date, you will make available Spaces to the Renter at such terms as per our individual Agreement, grant to them access to the Space (by handing over keys or otherwise), introduce them to specifics of the Space and be available for questions at least two hours from handing over.

You will ensure the Space fully complies with the Listing (in particular with any photos displayed in the Listing) on the Hire Date and that the Space is clean and tidy (not less than shown in the picture) when handed over to the Renter.

Picnic Entity is only requested to return the Space fully cleaned if the Listing says so.

  1. Picnic Entity 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. 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: If a Space is damaged by a Renter or a Renter’s employees, agents or guests, Picnic Entity is liable to the extent it is indemnified by the Renter or the Renter’s insurance. As for the rest, Picnic Entity shall only be liable

  • a) 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 or
  • b) 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. The liability under the Product Liability Act shall remain unaffected.

  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) b) non-compliance or alleged non-compliance of Spaces and Listings (in particular claims of Renters) and/or
  • c) your non-compliance with the terms of the Agreement (in particular claims of Renters).
  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.