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Legal / terms

TERMS OF USE & PARTICIPATION.

These terms set the baseline rules for using FACKTS websites and public platform surfaces and for participating in FACKTS events, programmes, competitions and content activity. Project-specific agreements may add further terms.

Last updated: 16 September 2026
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1. Scope

These Terms apply to public FACKTS Africa Group websites and to the FACKTS-controlled parts of FACKTS Hoops, FACKTS Music, FACKTS experiences, events, competition activity, public profiles, recordings, creator programmes and partnership pathways. A separate contract, competition rulebook, booking slip, licence, release form or project agreement may apply to a specific activity. If a specific written agreement conflicts with these general Terms, the specific agreement governs that activity to the extent permitted by law.

2. Participation, age and minors

You must provide accurate information where FACKTS reasonably needs it to administer an event, profile, competition, creator project or service. A parent or legal guardian must provide required permission for a minor. FACKTS may apply additional safeguarding, identity or age-verification steps where children are involved, and decisions involving children must be approached with their rights and best interests in mind.

3. Event and competition rules

Participants must follow the event-specific rules, safety instructions, venue requirements, official decisions and codes of conduct published or communicated for that activity. FACKTS may refuse or end participation where conduct threatens safety, fairness, property, another participant's rights or the proper operation of the event.

4. Photography, video, audio and interviews

Attendance at a FACKTS activity is not treated as unlimited permission to use a person's identity forever. Where recording is planned, FACKTS should give appropriate notice. Where consent is the lawful basis for an identifiable or featured use, consent should be specific to the stated purpose and handled in line with the Media & Recording Consent Policy. Contracted performers, creators, players, hosts and contributors may have separate written media and usage terms.

5. Intellectual property and creator rights

FACKTS names, logos, site design, software, original editorial material and FACKTS-owned productions remain protected by applicable intellectual property law. Creators, performers, producers, photographers and other contributors retain rights they have not validly assigned or licensed. Giving permission to use an image, voice or interview does not by itself transfer music copyright, publishing rights, master ownership, beat ownership or performer rights. Those rights require the relevant licence or written agreement.

6. Material you submit

Do not upload or submit content you do not have the right to share. Where you provide FACKTS with a photograph, video, logo, beat, song, artwork, profile text, statistics or other material, you confirm that you have the authority needed for the specific submission and use you are requesting. Any broader commercial or public use will depend on the applicable project terms, licence or lawful basis.

7. Partner organisations and third-party services

FACKTS works with independent partners across areas such as gear, governance and risk, music infrastructure, rehabilitation and insurance. Displaying a partner does not create common ownership or make one organisation the agent of another. A partner's own service, contract, clinical care, marketplace, insurance product, website or data processing remains subject to that partner's own terms and responsibilities unless a joint written arrangement states otherwise.

8. Health, rehabilitation and insurance

FACKTS is not a healthcare provider or insurer. Health and rehabilitation services must be provided by the relevant qualified provider, and insurance cover is subject to the applicable insurer, intermediary, policy wording, underwriting and claims process. FACKTS content or event information should not be treated as medical, rehabilitation, insurance, legal or financial advice.

9. Acceptable digital use

Do not attempt unauthorised access, scrape restricted information, interfere with FACKTS systems, bypass security controls, impersonate another user, introduce malicious code, misuse credentials or disrupt a FACKTS platform. We may restrict access and preserve relevant records where reasonably necessary to protect users, systems, rights or comply with law.

10. Accuracy, availability and fair representation

FACKTS aims to keep public information accurate, but live records, schedules, statistics, creator information and event details can change. We may correct errors or update information. We do not intentionally claim sponsorship, approval, affiliation, results or partner authority that does not exist. Where third-party information is displayed, it may also be subject to correction by the relevant source.

11. Bookings, payments and commercial projects

A public webpage does not by itself create a binding booking or commercial commitment. Scope, price, deliverables, rights, payment milestones, cancellation, taxes and responsibilities should be set out in the booking or project document applicable to the engagement.

12. Privacy and data protection

Personal data is handled under our Privacy & Data Protection Notice. Where processing relies on consent, consent can be withdrawn subject to the lawfulness of processing that occurred before withdrawal and any other lawful basis that may apply.

13. Responsibility and limitation

FACKTS will not use these Terms to exclude rights or liabilities that Kenyan law does not allow to be excluded. To the extent permitted by law, FACKTS is not responsible for losses caused solely by independent partner services, third-party platforms, user misconduct or circumstances outside reasonable control. Event-specific risks and responsibilities may be addressed in separate rules, releases, insurance arrangements and contracts.

14. Governing law and disputes

These Terms are governed by the laws of Kenya. Where a dispute arises, the parties should first attempt a good-faith written resolution. Any mediation, arbitration, tribunal or court process will depend on the relevant contract and applicable Kenyan law.

15. Contact

Questions about these Terms can be sent to info@facktsafrica.co.ke.

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