Picky Planner Terms of Service

1. Acceptance of Terms

By accessing or using Picky Planner (“Platform,” “Service,” “we,” “us,” or “our”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and Picky Planner Limited, a company incorporated under the Companies Act, 2015 of the Laws of Kenya, with its registered office in Nairobi, Kenya.

If you do not agree to these Terms, you may not access or use our Platform. These Terms apply to all Users, including customers seeking event services (“Customers”) and service providers (“Vendors”).

Nothing in these Terms excludes, restricts or modifies any right or remedy given to you by the Consumer Protection Act, 2012 or the Competition Act, 2010 that cannot lawfully be excluded.

2. Platform Description

Picky Planner is an online marketplace that connects Customers planning events with verified Vendors offering event-related services in Kenya. Our Platform facilitates:

Important: Picky Planner acts as an intermediary platform. We do not provide event services directly. All service agreements are between Customers and Vendors.

3. User Eligibility and Registration

3.1 Eligibility Requirements

When you complete your profile you are asked to confirm that you are 18 or older, and that confirmation is recorded. By doing so you warrant that it is true. Persons under 18 may not create an account, apply as a Vendor, or submit personal data. We may ask for proof of age and may suspend any account where we reasonably believe the User is a minor.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

4. Vendor Terms and Obligations

4.1 Vendor Verification Process

4.2 Vendor Responsibilities

4.3 Vendor Fees

Platform Fees:

Payment Terms: The Platform does not process booking payments and charges no commission on bookings. Vendors transact with and receive payment directly from Customers. Platform fees are limited to the one-time onboarding fee and any optional premium-feature fees.

4.4 Vendor Agreement to Platform Terms

In addition to accepting these Terms, by applying to list on the Platform and completing vendor onboarding (including payment of any onboarding fee), each Vendor separately and expressly agrees to the vendor-specific obligations in this Section 4, the Vendor Fee and Payment terms, and all Platform policies applicable to Vendors, as each may be updated from time to time. Vendors acknowledge and agree that they act as independent contractors, are solely responsible for the services they provide to Customers and for compliance with all applicable laws and licensing requirements, and are not employees, agents, partners, or joint venturers of Picky Planner. We record each Vendor's acceptance of these Terms and vendor policies, including the version accepted and the date and time of acceptance.

5. Customer Terms and Responsibilities

5A. Reviews, Ratings and Review Invitations

Reviews must describe a genuine experience. Fake, paid, retaliatory and defamatory reviews are prohibited and will be removed.

If you are a Vendor inviting past clients to review you, you may submit their name and email address so we can send a single invitation on your behalf. By doing so you warrant that you obtained those details lawfully in the ordinary course of your business, and that you have a lawful basis under the Data Protection Act, 2019 to pass them to us. We use them only to send that invitation. Every invitation carries a one-click unsubscribe link; once someone unsubscribes we will not contact them again, and we delete their name and email address 30 days after the invitation is sent.

Photographs attached to public reviews are stored in publicly readable storage and cannot be edited or removed by the uploader after submission. They may remain publicly visible indefinitely. If a photograph infringes your rights or your privacy, contact moderation@pickyplanners.com and we will consider a takedown.

If you close your account, your published reviews remain but are anonymised — your name, photograph and email address are removed from them.

6. Payment Terms and M-Pesa Integration

6.1 Payment Processing

The Platform uses M-Pesa (in Kenyan Shillings, KES) to collect Vendor fees only — the one-time vendor onboarding fee and any optional premium-feature fees. The Platform does not process, hold, or escrow payments for Vendor services; Customers pay Vendors directly for booked services. Where you use our M-Pesa payment for Vendor fees, you also agree to Safaricom's M-Pesa terms and conditions in addition to these Terms.

6.2 Payment Structure

6.3 Value Added Tax

Picky Planner Limited is not currently registered for Value Added Tax, its taxable turnover being below the KES 5,000,000 registration threshold in section 34 of the Value Added Tax Act, 2013. No VAT is therefore chargeable, and the KES 2,000 onboarding fee is the total amount payable. If we become VAT registered, the fee will be treated as inclusive of VAT at the prevailing rate and we will say so at checkout before you pay.

6.4 Financial Regulations Compliance

We comply with applicable Kenyan financial-services regulations. The Vendor-fee payments we process are subject to anti-money laundering (AML) and know-your-customer (KYC) requirements as mandated by Kenyan law.

7. Booking and Service Agreement Terms

7.1 Booking Process

7.2 Service Standards

Vendors must deliver services as specified in confirmed proposals. Any changes must be mutually agreed upon by Customer and Vendor, with Platform notification for significant modifications.

8. Cancellation and Refund Policy

8.1 Cancellation by Customer

Cancellations and refunds for a booked service are governed by the terms agreed between the Customer and the Vendor. Because the Platform does not process or hold service payments, any refund is issued directly by the Vendor. We encourage Vendors to publish a clear cancellation policy; where none is specified, we suggest the following as a reasonable default guideline for Customer cancellations:

8.2 Cancellation by Vendor

If a Vendor cancels a confirmed booking, the Vendor must refund the Customer in full for any amounts the Customer paid for the cancelled service. The Vendor may also be subject to penalties on the Platform, including temporary or permanent suspension.

8.3 Force Majeure

Neither party is liable for cancellations due to events beyond reasonable control (natural disasters, government restrictions, pandemics, etc.). Refund terms are negotiated case-by-case directly between the Customer and the Vendor, with optional Platform mediation.

9. Dispute Resolution

9.1 Platform Mediation

For disputes between Customers and Vendors, Picky Planner will attempt to mediate a resolution. Both parties agree to participate in good faith mediation before pursuing other remedies.

9.2 Escalation Process

9.3 Arbitration Agreement

Any disputes that cannot be resolved through mediation will be settled by binding arbitration under the Arbitration Act (Cap 49) of Kenya. Serve written notice at disputes@pickyplanners.com. If the dispute is unresolved 30 days after that notice, it goes to a single arbitrator agreed between the parties, or failing agreement within 14 days, appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch). The seat and venue are Nairobi, Kenya, and proceedings are in English.

Consumers. Nothing in this arbitration agreement removes your right under the Consumer Protection Act, 2012 to bring or take part in a class action, or to seek a remedy before a Small Claims Court or the Competition Authority of Kenya.

10. Prohibited Activities

11. Intellectual Property

11.1 Platform Ownership

Picky Planner owns all rights to the Platform, including software, design, trademarks, and proprietary algorithms. Users are granted a limited, non-exclusive license to use the Platform in accordance with these Terms.

11.2 User Content License

By uploading content (photos, descriptions, reviews), you grant Picky Planner a worldwide, royalty-free license to use, display, and promote such content in connection with Platform operations and marketing.

12. Limitation of Liability

IMPORTANT NOTICE: Picky Planner provides a Platform for connecting Customers with Vendors. We do not provide event services directly and are not responsible for:

Liability cap — Vendors (business users). For claims brought by a Vendor arising out of platform access, technical interruption or listing administration, our total liability in contract, tort or statutory duty is limited to the lesser of KES 100,000 or the total fees you paid us in the 12 months before the claim. This is a reasonable commercial allocation of risk between businesses.

Liability cap — Customers (consumers). The same KES 100,000 cap applies to the fullest extent the law allows. It does not operate to remove any statutory remedy you have under the Consumer Protection Act, 2012 — including for misleading representations or unconscionable conduct — nor to limit liability for death or personal injury, fraud, or anything else that cannot lawfully be limited. Where a court finds the cap unenforceable against a consumer, it does not apply.

13. Indemnification

Users agree to indemnify and hold harmless Picky Planner, its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses arising from:

14. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms. We comply with the Kenya Data Protection Act 2019 and applicable international privacy regulations.

15. Platform Modifications and Availability

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time. We do not guarantee uninterrupted access and are not liable for any downtime or technical issues.

16. Termination

16.1 Termination by User

You may terminate your account at any time by contacting customer support. Termination does not relieve you of obligations for completed transactions or ongoing commitments.

16.2 Termination by Platform

We may suspend or terminate accounts for Terms violations, fraudulent activity, or non-compliance with Platform policies. We will provide reasonable notice except in cases of serious misconduct.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of Kenya. Any legal proceedings will be conducted in the courts of Kenya, and all parties consent to the jurisdiction of Kenyan courts.

18. Changes to Terms

We may update these Terms periodically to reflect changes in our services or applicable laws. Material changes will be communicated via email and Platform notifications 30 days before taking effect. Continued use of the Platform after changes constitutes acceptance of updated Terms.

19. Communications Consent

By creating an account and providing your contact details, you consent to receive communications from us and, where relevant, from Vendors or Customers you interact with, through email, SMS/text message, WhatsApp, in-app notifications, and telephone. These communications include account verification and one-time passcodes, transactional and service messages, booking and payment updates, security alerts, dispute-handling notices, and other messages necessary to operate the Platform. Message and data rates may apply.

You may opt out of non-essential marketing communications at any time using the unsubscribe or preference controls provided. Transactional, service, and security communications are necessary to provide the Platform and cannot be opted out of while you maintain an account. You represent that any phone number or email address you provide belongs to you and that you are authorized to receive communications at it, and you agree to keep this information current.

20. Third-Party Services and Integrations

The Platform relies on third-party service providers to deliver certain functionality, including mobile-money and payment processing, identity and business verification, messaging and communications, mapping and location, cloud hosting and infrastructure, email delivery, and analytics. Your use of features enabled by such providers may be subject to those providers' own terms and privacy practices.

We are not responsible for the acts, omissions, availability, security, or content of any third-party service, and your dealings with them are at your own risk. For security and commercial reasons, we do not publicly identify every provider we work with; the categories of providers and how they process personal data are described in our Privacy Policy.

21. Artificial Intelligence and Automated Processing

We use automated systems, algorithms, and may use artificial intelligence to operate and improve the Platform. This includes matching Customers with Vendors, ranking and recommending Vendors and services, generating or estimating quotes and pricing, detecting fraud and abuse, and moderating content.

We may also offer, now or in the future, AI-assisted and generative features that help you use the Platform, including: (a) AI-assisted event-planning tools and assistants that suggest vendors, budgets, timelines, checklists, themes, and other planning guidance to Customers; (b) AI-assisted tools that help Vendors respond to inquiries, prepare quotes and proposals, draft listings, messages, and content, and otherwise manage and deliver their services to Customers; and (c) conversational or generative AI assistants that help Users complete tasks on the Platform. When you use any such feature, the information, prompts, and content you submit ("Inputs") may be processed by us and by third-party AI providers to generate responses, suggestions, or content ("Outputs").

22. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, VENDOR LISTINGS, VERIFICATION OUTCOMES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any Vendor, listing, review, or item of information is accurate, complete, reliable, current, or verified beyond the checks we elect to perform. We do not endorse any Vendor and do not guarantee the quality, safety, legality, or suitability of any Vendor or of any services arranged through the Platform. Any warranties or rights that cannot lawfully be excluded (including under applicable consumer-protection and data-protection law in Kenya) are limited to the maximum extent permitted by law.

23. General Provisions

24. Contact Information

For questions about these Terms or Platform issues: