Terms and Conditions

HIGH ON LIFE

Last updated: 12/10/2018

INTEPRETATION

Cloud9xp means and refers to CLOUD NINE EXPERIENCES LIMITED_(PVT-AJUMA5J)

Website means and refers to Cloud9xp.com

Partner means and refers to you or your company or anyone making the partnership on your behalf.

OVERVIEW

CLOUD NINE EXPERIENCES LIMITED_(PVT-AJUMA5J)_ ("CLOUD9XP") maintains this Partner Policy to list “THE PARTNER” on our website as an experience retailer.

LINKS

THE PARTNER (EXPERIENCE PROVIDER)
  1. LISTING DESCRIPTION
  2. SALE AND REDEMPTION OF EXPERIENCE VOUCHERS
  3. CANCELLATION/NON EXPIRATION OF EXPERIENCE VOUCHERS
  4. CANCELLATION OF BOOKING BY THE PARTNER
  5. TERMINATION/ ACCOUNT CLOSURE
  6. COMMISSIONS AND FEES
  7. MARKETING AND MEDIA
  8. TECHNOLOGY, EQUIPMENT AND MEDIA
  9. EXCLUSIVITY
  10. FORCE MAJEURE
  11. COMPENSATION UPON FORCE MAJEURE
  12. THE PARTNER SETTLEMENT SYSTEM ACCOUNTS
THE CUSTOMER (LEISURE SEEKER)
  1. RESTRICTIONS
  2. SPECTATORS
  3. V.A.T.
  4. VALIDITY
  5. EXCHANGES
  6. REFUND
  7. LOW PRICE GUARANTEES
  8. VOUCHER DELIVERY
  9. INSURANCE
  10. CANCELLATION OF BOOKING BY CUSTOMER
  11. CUSTOMER SERVICE

LISTING DESCRIPTION

This policy governs the Listing policy and, by partnering with Cloud9xp, THE PARTNER agrees to be bound by these terms and conditions. Cloud9xp.com is an online retailer of leisure (#HighOnLife) experiences; allowing OUR PARTNERs to offer their experiences through the Cloud9xp hosted web page, pop-up stands and/or at THE PARTNERs physical location.

Customers may purchase a Product or an experience voucher for themselves or for designated recipient, then redeem that Experience Voucher at THE PARTNERs physical location. Experiences are delivered only by e-mail or SMS. Once purchased, Experience Vouchers delivered by Cloud9xp may be transferred to a different recipient. THE PARTNER is bound by the Listing Terms and Conditions and shall not amend or revise such Terms and Conditions in any way, except as required to comply with applicable law.

SALE AND REDEMPTION OF EXPERIENCE VOUCHERS

Proceeds from the online sale of Experience Vouchers are stored by and the responsibility of Cloud9xp. Cloud9xp agrees to remit the agreed amount due to THE PARTNER, as defined in “Commission and Fees below‟, up to 48 HOURS AFTER REDEMPTION. Any disputes on the amounts remitted by Cloud9xp to THE PARTNER must be raised within 96 hours. Cloud9xp will not process any payment disputes after 96 hours.

THE PARTNER acknowledges that it has responsibility to honor all tenders of Valid Cloud9xp Experience Vouchers, all the time. In the event that THE PARTNER ceases to exist, all unredeemed Experience Vouchers remain the responsibility of Cloud9xp.

THE PARTNER reserves the right to determine the denomination of Experience Vouchers sold on the Cloud9xp platform.

CANCELLATION/NON EXPIRATION OF EXPERIENCE VOUCHERS

Cloud9xp may cancel any unredeemed Experience Voucher at any time provided Cloud9xp refunds the full value of the Experience Voucher to the purchaser and notifies the purchaser and, if different, the recipient of such cancellation. Experience Vouchers do not expire.

Any value associated with an Experience Voucher will remain available to the recipient until spent and THE PARTNER shall honor all valid Experience Vouchers without bias. If, for any reason, the PARTNER cancels an order with a valid Cloud9xp voucher, the PARTNER is responsible for re-creating a new voucher code for the customer.

CANCELLATION OF BOOKING BY THE PARTNER

In the event that THE PARTNER cancels a booking either before or on the day of the event due to unavoidable circumstances, THE PARTNER will make necessary arrangements to re-book the client on a mutually agreed time.

Cloud9xp will not be held liable for any costs including (but not limited to) travel expenses or pre-booked accommodation costs incurred by the participant in the event of a cancellation

Liability for Cloud9xp is limited to the value of the Voucher purchased.

TERMINATION/ ACCOUNT CLOSURE

THE PARTNER may terminate this Agreement and/or require immediate payment of any amounts due under this Agreement, by giving a 7 day notice in writing to the other party with immediate effect. Cloud9xp may terminate this Agreement, without liability, by giving a 7 day notice in writing to THE PARTNER if: THE PARTNER’s conduct or any material change in the business of THE PARTNER (including the composition or character of its services) or in the ownership of THE PARTNER is such that in the reasonable opinion of Cloud9xp it adversely affects the reputation of THE PARTNER; THE PARTNER becomes devoid of the capacity to render good services to its customers. In the event of such termination, there shall be reconciliation & payment and redemption of all reimbursements, refunds and Experience Vouchers respectively.

Cloud9xp agrees to remove all content relating to THE PARTNER from its website and promotional materials within 7 days of receipt of termination. If THE PARTNER’s Cloud9xp account is closed, by THE PARTNER or otherwise in accordance with the terms of this Agreement, THE PARTNER shall honor all unredeemed Experience Voucher balances and comply with applicable law, until it is determined by both parties that there is no valid unredeemed Experience Voucher outstanding.

COMMISSIONS AND FEES

THE PARTNER shall not charge fees in connection with Cloud9xp Experience Vouchers, including in connection with their purchase, maintenance and redemption. Cloud9xp will receive 15% of the redemption value of the Experience Voucher. Cloud9xp will not subsequently charge THE PARTNER any additional fees on payment amounts from Experience Vouchers.

All prices are inclusive of Value Added Tax (V.A.T.) when and where applicable.

Revenue share per voucher sold
The Partner Cloud9xp
85% 15%
Fixed cost transactional charge of up to Kshs. 4% to be borne by The Partner.

Cloud9xp shall settle net value of successful transactions of The Partner to their wallet, within 48 working hours from the time of transaction.

The money will be available only after the customer has redeemed their Experience Voucher and has had the experience successfully.

Bank charges apply.

Cloud9xp may revise the commission's downwards, upwards or waiver the commissions altogether SUBJECT to 45 days’ notice by Cloud9xp to The Partner and Consequent consultations between the The Partner and Cloud9xp.

Cloud9xp may offer discounts on the face value of Experience Vouchers sold on the Cloud9xp website; however, unless otherwise negotiated, such discounts will be fully borne by Cloud9xp. For split payments, where Experience Voucher values are insufficient to cover the entire purchase, THE PARTNER will keep the full incremental value from that purchase. All fees and commissions and payment days are renegotiable as required.

MARKETING AND MEDIA

THE PARTNER grants Cloud9xp the right to use THE PARTNER’s logos and branding materials in Cloud9xp’ online and offline marketing campaigns. THE PARTNER agrees to display Cloud9xp’ promotional and branding materials at their physical and online locations.

TECHNOLOGY, EQUIPMENT AND MEDIA

Unless fully paid by THE PARTNER, the Cloud9xp verification device, promotional material and other equipment remain the property of Cloud9xp. THE PARTNER agrees to keep all property in good condition. The cost of replacements/ repairs as a result of damages inflicted by THE PARTNER will be borne by THE PARTNER.

EXCLUSIVITY

Unless the relationship with Cloud9xp is terminated for reasons specified under “Termination/Account Closure‟ above, THE PARTNER agrees to run its Experience Voucher programme exclusively with Cloud9xp for a period of 24 months. THE PARTNER shall therefore not concurrently run an online Experience Voucher programme with another company in direct competition with Cloud9xp.

A company is deemed to be in direct competition with Cloud9xp if it intends to offer Experience Vouchers that are redeemable at THE PARTNERS‟ physical or online locations to customers online. THE PARTNER agrees not to run a Experience Voucher programme with a company in direct competition with Cloud9xp for 3 months after the relationship with Cloud9xp has been terminated. THE PARTNER can, however, run its own Experience Voucher programme concurrently with Cloud9xp.

FORCE MAJEURE

No Party shall be liable or indemnify the other Party for failure to perform hereunder when such failure is due to circumstances beyond its reasonable control including but not limited to government interference, direction or restriction, war or civil disorders, strikes, blockade, insurrections, riots, acts of nature, disasters, diseases, epidemics terrorists actions or other emergencies.

In such circumstances, this agreement may be terminated by written notice from one party to the other parties with no further obligations and liabilities provided that the force majeure event shall have continued for six (6) months from when it was notified.

COMPENSATION UPON FORCE MAJEURE

The parties shall bear their respective costs and neither party shall be required to pay to the other party any costs arising out of an event of Force Majeure.

THE PARTNER SETTLEMENT SYSTEM ACCOUNTS

The merchant confirms and authorizes that settlement reports be sent to merchant email accounts as below.

The email shall be used to sign the Merchant up on the CLOUD9XP System.

CUSTOMER(LEISURE SEEKER)

RESTRICTIONS

A number of experiences on the website have been bound to restrictions. These could include (but are not limited to) age, height, weight, physical and medical restrictions, and may vary from one PARTNER to another. We urge you to check out for these restrictions prior to making a booking.

It is your responsibility to ensure that you choose an experience appropriate for the intended recipient and it is the responsibility of the recipient to counter check that the restrictions are not overlooked. If you are unsure of the suitability please contact the respective PARTNER for advice.

SPECTATORS

Spectators are allowed to watch you participate in the experiences you've booked. However this is not always the case as in some facilities, they are restricted due to safety regulations.

On the other hand, some PARTNERS may charge the spectators a certain fee. Spectators are required to comply with the PARTNER terms, conditions and expectations of conduct.

V.A.T.

Prices shown are inclusive of V.A.T when and where applicable.

VALIDITY

Experience Vouchers are valid for 12 months after which they expire. An expired voucher is rendered invalid and is not subject to a refund.

EXCHANGES

Experience vouchers are flexible. You can redeem a voucher for any experience on our site provided by our PARTNERS.

If the price of your chosen experience has increased you will be required to pay the difference between the new experience price and the value of your voucher.

If the voucher purchased happens to be more expensive than the experience you intend to redeem, the balance is retained in your card and could be used to purchase another experience.

If your exchange is less expensive than your original voucher the difference will be held as a credit to use against any future purchase up until the original expiry date of your voucher and is non refundable.

The exchanged voucher will carry the same expiry date as the original purchased voucher.

REFUND

A refund will not be given once a voucher has been purchased. The voucher, if the initial intentions are not met, could be used to purchase any other product or service on the website.A refund will not be given once a voucher has been purchased. The voucher, if the initial intentions are not met, could be used to purchase any other product or service on the website.

LOW PRICE GUARANTEE

Cloud9xp guarantees a refund up and above a purchased experience via the website that happens to be cheaper on the ground.

VOUCHER DELIVERY

The vouchers can either be picked from our offices direct or be delivered at a preferred location given by the purchaser.

It is solely the responsibility of the purchaser to give an accurate address whether it's to be delivered in person, post or courier.

We shall not be held accountable for any damaged, missing or delayed orders where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.

A redelivery charge will apply with respect to the method of delivery chosen if the item is lost after receipt, if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item.

In some circumstances where delivery has been attempted but unsuccessful, the item will be taken to the nearest post office.

INSURANCE

As is their nature, adrenaline rush experiences at times involve dangerous activities. We urge you to be aware of the risks involved before settling for an experience.

We require our PARTNERS to hold appropriate and valid public liability insurance before we will promote their services and we make no warranty or representation about their course or experiences whatsoever.

Responsibility rests with you to make independent enquiries with THE PARTNER as to the need to acquire your own insurance cover.

CANCELLATION OF BOOKING BY CLIENT

Once you make a booking with an THE PARTNER you are bound by their terms and conditions.

Make sure you understand their rules regarding changing or cancelling a booking (particularly at short notice) as a refund will not be offered in the case of infringement of these rules.

CUSTOMER SERVICE

CLOUD 9 AFRICA and THE PARTNER shall provide priority support for the purchasers and recipients of Experience Vouchers.