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KGOGO TERMS AND CONDITIONS OF SALE

Updated 29 December 2024

By booking and participating in "NDIRI PANO; The African, Sacred Sound Healing Meditation" or purchasing any art pieces from KGOGO Arts and Gallery, you agree to abide by the following terms and conditions. 

Please read these terms carefully before proceeding with any transactions. 

1. Booking and Participation in Sound Healing Meditation 1.1 Advance Booking Requirement: All bookings must be made 3-7 days in advance. This allows us to make necessary arrangements and ensure a seamless experience.

 1.2 Date Availability: While we strive to accommodate your preferred date, we cannot guarantee availability. We will conrm your booking once the date is approved. 

1.3 Safety Measures: Your safety is our priority. The Zimbabwean Parks and Wildlife Management Authority will be present to guard the rainforest. However, KGOGO Arts and Gallery is not liable for any injuries, animal attacks, weather-related illnesses, or other incidents that may occur. Participants are advised to take necessary precautions. 

1.4 Guest Responsibility: Guests must arrive on time. Late arrivals may not be accommodated, and no refunds will be issued. It is essential to follow the guidelines provided to ensure a safe and enjoyable experience. 

2. Purchase of Art Pieces 

2.1 Description of Art Pieces: Each sound piece is recorded live during its creation and preserved on an M-DISC, ensuring durability for up to 1,000 years. 

2.2 Final Sale: All sales of art pieces are nal. No refunds or exchanges will be provided once the transaction is completed. 

3. Liability and Indemnication 

3.1 Limitation of Liability: KGOGO Arts and Gallery is not responsible for any direct, indirect, incidental, or consequential damages arising from the booking and participation in the meditation experience or the purchase of art pieces. 

3.2 Indemnication: By participating in the meditation experience or purchasing art pieces, you agree to indemnify and hold harmless KGOGO Arts and Gallery, its employees, and aliates from any claims, damages, or expenses arising from your participation or purchase. 

4. Further General Terms 

4.1 Modication of Terms: KGOGO Arts and Gallery reserves the right to modify these terms and conditions at any time. Changes will be eective immediately upon posting on the website. 

4.2 Governing Law: These terms and conditions are governed by the laws of Zimbabwe. Any disputes arising will be resolved under Zimbabwean jurisdiction.  

5. The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.

6. Our invoices are payable within 3-7 working days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, KGOGO reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. KGOGO will be authorized to suspend any provision of services without prior warning in the event of late payment.

7. If a payment is still outstanding more than sixty (7) days after the due payment date, KGOGO reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.

8. Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can KGOGO become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to KGOGO in its entirety and does not include any costs relating to the legislation of the country in which the client is located.

9. KGOGO undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. KGOGO cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.

10. In order for it to be admissible, KGOGO must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services. 

PRIVACY POLICY

We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you about how we handle your personal data when you visit our website, book our unique experiences, or purchase our art pieces. It will also tell you about your privacy rights and how the law protects you.


Information We Collect


We collect personal information that you provide to us directly, such as when you make a booking for "NDIRI PANO; The African, Sacred Sound Healing Meditation," purchase an art piece, or sign up for our newsletter. This information may include your name, email address, phone number, billing address, and payment information. Additionally, we may collect technical data about your browsing actions and patterns while on our website, such as your IP address, browser type, and operating system through cookies and other tracking technologies.


How We Use Your Information


The information we collect is used to provide and improve our services. Specifi cally, we use your personal data to process bookings, complete transactions, and deliver purchased art pieces. We also use your contact information to communicate with you about your bookings, provide customer support, and send promotional materials if you have opted to receive them. Technical data helps us to understand how our website is used, allowing us to enhance user experience and ensure the website's security.


Sharing Your Information


We do not share your personal information with third parties except as necessary to fulfi ll our services and comply with legal obligations. This may include sharing data with payment processors to handle transactions or with shipping companies to deliver your purchases. Additionally, we may disclose your information if required by law or in response to valid requests by public authorities.


Data Security


We employ robust security measures to protect your personal data from unauthorized access, alteration, or disclosure. These measures include encryption, secure payment gateways, and regular security assessments. While we strive to protect your information,

please be aware that no system is completely secure, and we cannot guarantee the absolute security of your data.


Your Rights


You have the right to access, correct, or delete your personal data. You can also object to the processing of your data or request that we restrict its processing. If you wish to exercise any of these rights, please contact us at the provided email address. We will respond to your request in accordance with applicable data protection laws.


Changes to This Privacy Policy


We may update this privacy policy from time to time to refl ect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any signifi cant changes by posting the new privacy policy on our website and updating the "Last Updated" date at the top of this policy.


Contact Us


If you have any questions or concerns about this privacy policy or our data practices, please contact us via our website.

ANTI-MONEY LAUNDERING POLICY

KGOGO Arts and Gallery is a legal, ethical and transparent company, and it takes the

responsibility to ensure and maintain that its assets and resources are not being used for corruption,

irregularities, or money laundering. The company has taken it upon itself to detect frauds,

irregularities, abuse of position, and institutional gains.


Purpose


The purpose of this policy is to make that the company's financial processes and procedures are

according to the anti-money laundering laws.


Scope


This policy applies to every entity related to KGOGO Arts and Gallery and its employees,

directors, officers, contractors, or any third party working on behalf of the company.

The policy is for internal use, and the administration is required to convey it to every concerned

person or entity. Failure to comply with the policy will result in appropriate action.


Money Laundering


Money laundering refers to those assets that are money that is acquired in exchange for money or

assets gained unlawfully. It also includes money spent for terror purposes, regardless of the means

it was obtained.

Under this policy, money earned by using the following means is considered money laundering,

and it is prohibited;

a. Money or assets received in exchange for criminal or unlawful acts. Money whose origin is

not explicit or earned by assisting any activity in evading lawful means.

b. Property gained after any criminal activity and its origin, location, and disposition are not

transparent.

c. Property which is promoting any unlawful activity

d. Terrorism financing


Compliance


The company will establish a body responsible for the implementation of this policy.

The company will carry out the procedure to identify any irregularity on behalf of any stakeholder

under this policy. The company should;


a. Identify all the financers of the company and verify their identity

b. Take special care where stakeholders want anonymity

c. Maintain proper records of the stakeholders

If anyone in the company knows or suspects that a person is involved in money laundering or

terror financing, it is their responsibility to report such person to the body established by the

company. In such a case, the company must

a. Take the details of the people involved

b. Verify the type of transactions

c. Reason for suspicion

d. The amount involved

The company must consult with the legal department before embarking on business with a third

party and carefully screen such interactions.


The policy is subject to updates and amendments, which will be communicated to the stakeholder

immediately.