TERMS AND CONDITIONS

Welcome to the official website of Reacky San (“we,” “our,” or “us”). By accessing or using this website (the “Site”), you (“user,” “you”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please discontinue use immediately.

1. Ownership and Intellectual Property

All content on this Site, including but not limited to text, music, audio recordings, videos, images, graphics, software, designs, digital downloads, logos, and trademarks, are the exclusive property of Reacky San or licensed third parties. You may not copy, reproduce, modify, distribute, publish, transmit, display, perform, or otherwise exploit any content without prior written consent. Any unauthorised use may result in legal action.

2. Privacy and Data Protection

We respect your privacy. Personal information collected through this Site (including email addresses, cookies, and user preferences) will be processed in accordance with our Privacy Policy. By enrolling in our email services, you consent to receive communications such as updates, offers, merchandise information, and music-related announcements. You may opt out at any time by using the unsubscribe link provided in emails. While we implement commercially reasonable security measures, we cannot guarantee absolute protection of user data against unauthorised access. Use of the Site is at your own risk.

3. Cookies

This Site may use cookies and similar technologies to enhance your browsing experience, analyse traffic, and deliver personalised content. By continuing to use the Site, you consent to our use of cookies. Details are provided in the Privacy Policy.

4. User Conduct

You agree not to use the Site or Services in any way that would: a. Be fraudulent, deceptive, or involve counterfeit or stolen items. b. Violate any applicable laws or regulations (including but not limited to consumer protection, export control, anti-discrimination, and false advertising). c. Infringe intellectual property rights of Reacky San or third parties. d. Introduce malware, viruses, harmful code, or attempt to gain unauthorised access to our systems. e. Harass, defame, threaten, or engage in hate speech against others. f. Access or extract content programmatically using bots, macros, or scraping tools. Violation of this clause may result in suspension or termination of your access.

5. Products and Services

You must be at least 18 years old, or under the supervision of a parent/guardian if a minor, to make purchases. Product availability, descriptions, and pricing are subject to change without notice. In the event of errors in product descriptions or pricing, we reserve the right to cancel or refuse any orders placed. All sales are final unless otherwise stated. Refunds, returns, or exchanges are governed by our Refund/Return Policy. Payments are processed through third-party providers. We are not responsible for failed or delayed transactions caused by such providers.

6. Fan Services and Communications

By subscribing to fan services, you agree to receive promotional messages, updates, sales alerts, and music/news announcements. You may unsubscribe at any time via the opt-out link in communications. We comply with anti-spam laws (CAN-SPAM, GDPR, PECR) and do not share your contact details with unauthorised third parties.

6. Miscalleneous

Failure to enforce any terms by us shall not constitute any waiver off the said provisions or terms. Every effort is made to keep the website up and running smoothly.

In no event will [Reacky San] be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

7. Site Modification

Content, features, and services on the Site may be modified, updated, suspended, or discontinued at any time at our sole discretion, without notice. We make no warranties regarding completeness, accuracy, reliability, or availability of the Site or any content provided.

8. Disclaimer of Warranties

The Site and services are provided “as is” and “as available” without warranties of any kind, express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or harmful components.

9. Limitation of Liability

To the fullest extent permitted by law, Reacky San shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from: a. Your access to or use of (or inability to access or use) the Site; b. Unauthorised access to or use of servers and/or personal information; c. Errors, bugs, or viruses transmitted through the Site; d. Any suspension or discontinuation of the Site. Liability, if any, shall not exceed the amount paid by you for the relevant product or service.

10. Termination

We reserve the right to suspend or terminate your access without notice if you violate these Terms or engage in misuse of the Site. Termination does not affect accrued rights or obligations (e.g., payment obligations).

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Republic of Kenya. Any dispute shall be subject to the exclusive jurisdiction of the courts of Republic of Kenya.

12. Severability

If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.

13. Amendments

We may update these Terms at any time. Changes will be effective immediately upon posting on the Site. Continued use constitutes acceptance of the revised Terms.

However, [Reacky San] takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Effective from 13th September 2023

Last updated 9th September 2025