Terms & Conditions

Last Updated: April 2026

1. Introduction

By accessing newkisumu.com, purchasing stock footage, booking a Local Guide/Influencer, or listing a business or event, or generally using the website, you agree to these Terms & Conditions. If you do not agree, please discontinue use of the site.

 

2. User Accounts & Automated Systems

• Automatic Creation: By purchasing any product or service, an account is automatically created for you using the email provided.

• Accuracy: You agree that all information you input is entirely factual.

• User Liability: You are responsible for errors (e.g., wrong email or phone number). The website is not liable for passwords or data sent to an incorrect email address provided by you.

• Account Security: Auto-account creation and generated passwords are required for website functionality.

 

3. Local Guides & Influencer Services

• Service Nature: This is a personalized assistance service to help you navigate Kisumu, not a traditional tour company.

• Safety & Public Spaces: All in-person meetings must occur in public locations (malls, cafés, parks, or landmarks).

• Strict Prohibitions: Guides are strictly prohibited from entering private residences, Airbnbs, or hotel rooms.

• Legal Scope: Guides are not government officials or legal representatives. For official paperwork, consult relevant authorities.

• Conduct: Illegal activities, inappropriate requests, or financial transactions outside the platform are strictly prohibited and will result in a permanent ban.

 

4. Stock Footage & Digital Products

• Product Nature: The stock footage product provides temporary access to a digital video library and a limited number of downloadable video files, as outlined on the product description page at the time of purchase. Access duration, download limits, file format, and resolution are governed by the details stated in the product description. Access is not automatically extended unless a new purchase is made.

• Digital Product – No Physical delivery: This product is a digital media product. No physical goods will be shipped. Access to the footage library and download functionality is provided online after successful purchase.
• Access Period: Library access is granted for a limited period as specified in the product description. After this period ends: Library access may be removed Unused downloads may expire Access is not automatically extended unless a new purchase is made

• Download Credits: Each product purchase includes a fixed number of download credits as stated in the product description. One (1) credit is equal to one (1) video download. Each time a download is initiated, one credit is deducted. Credits are non-transferable and may not be shared or resold. Unused credits may expire after the access period ends.

• User Responsibility during downloads: Users are responsible for ensuring they have: A stable internet connection A reliable power supply, Sufficient device storage space. If a download fails, is interrupted, or becomes corrupted due to internet issues, power loss, device problems, or user-side technical issues, the credit used for that download will still be considered consumed. We are not liable for lost, incomplete, or failed downloads caused by user-side technical conditions.

• Permit uses: You may: Use the footage in commercial and personal projects Include footage in social media content, advertisements, websites, presentations, client projects, and video productions. Edit the footage (cut, color grade, crop, add graphics, etc.) .

• License & Usage: Upon download, you are granted a non-exclusive, non-transferable commercial license for personal or commercial projects.

• Prohibitions: You may NOT: Resell, sublicense, share, or redistribute the raw video files, Upload the footage to stock media platforms or marketplaces, Claim the footage as your original recording, Provide the files to third parties as standalone downloadable media, Use the footage in any unlawful, misleading, defamatory, or harmful context Violation of these terms may result in suspension of access to the platform without refund.

• Refund policy: Due to the digital nature of the product and immediate access to media content, purchases are generally non-refundable once access has been granted, unless required by law.

• Ownership: All footage remains the intellectual property of the content creator; you are purchasing a usage license, not ownership.

• Service Changes: We reserve the right to: Update the footage library Modify the platform interface Improve search or filtering systems These changes do not affect already downloaded files or the granted license.

5. Booking & Attendance Policy

• No-Show (Guide): If the guide/influencer fails to show up, you receive a full refund.

• No-Show (User): If you fail to show up, no refund is provided.

• Late Arrivals: The session time is fixed per your booking and will not be extended if you arrive late.

• System Integrity: Multiple registrations intended to overwhelm the system or block spots from others are strictly prohibited.

 

6. Payments, Subscriptions, & Refunds

• General Policy: No refunds are provided unless a website error is discovered, in which case a 20% refund of the original pay per mistake may be issued. Not exceeding the payment you made.

• Payments are processed via third-party providers such as M-PESA and PayPal

• Donations: All donations are final.

• Subscriptions: Subscriptions via M-Pesa or PayPal may involve periodic STK prompts or automatic deductions.

• Pricing: We reserve the right to change prices at any time based on business needs.

• Refund Method: Refunds are sent via the original payment method (e.g., M-Pesa refunds go to the number used for payment). Digital products are generally non-refundable once access is granted. Refunds may be issued in limited cases of system error. 

• You have agreed to have read the product, long description and short descriptions before purchase. You also accept the price shown for the product(s). 

• In the case where you see an extra product in the order list (due to caching etc), you MUST not go ahead with the purchase. Clear browser cache first, then buy the product again. In case you go ahead to purchase the remnant product, you may not receive a refund since finding the purchase details could be problematic with remnant products.

• By entering your M-Pesa PIN, you agree that this sale is final. Digital products are delivered instantly. Booking slots are locked immediately, turning away other clients. No refunds will be issued for any reason, including claims of unauthorized phone use by third parties.

 

7. Map Pins & Listings

• Adjustments: We reserve the right to adjust the duration, location, or content of business and event pins.

• Removal: Pins may be removed if they violate terms or for internal business purposes.

 

8. Limitation of Liability & Service Continuity

• Uptime: We aim for over 85% uptime. If uptime falls below 85% for your paid period, you are eligible for a 10% refund.

• Unforeseen Events: The site is not liable for damages arising from malfunctions, hacks, server destruction, or “acts of God”.

• Third-Party Reliance: Since we rely on third-party servers and payment processors, any loss originating from their end does not make us liable.

• Report Deadlines: General issues must be reported within two months. Booking issues must be reported by the 5th of the following month.

9. User Conduct

You agree not to:

• Upload or share pornographic, illegal, or harmful content
• Provide false, misleading, or inaccurate information
• Abuse, exploit, or attempt to disrupt the platform

// Event

10. User-Generated Content (UGC) and Map Submissions: By submitting an event to our map, you guarantee that you have the right to use and distribute all text, URLs, and images you provide. Uploaded images must not exceed 4MB in size and must be in approved formats (JPG, PNG, WEBP). We reserve the right to remove any pins, descriptions, or images that violate our policies or infringe on third-party copyrights.

11. Dynamic Event Pricing and Duration: The cost to list an event on our map is based on a standard access period. If your event occurs further in the future than the base access period, automated tiered surcharges will apply based on the number of extra days your pin remains active. All pricing breakdowns are provided at checkout.

12. Automated Event Deletion: Event pins are strictly temporary. Your event will automatically expire and be hidden from the map shortly after your event’s end date has passed. After a subsequent grace period (typically 60 days), your event data and associated media will be permanently and automatically deleted from our servers.

13. Map Accuracy and Availability: Map tiles, routing, and location features are provided “as is” via third-party services. We do not guarantee the 100% accuracy, uptime, or availability of the map interface, GPS routing functions, or third-party tile loading.

14. If you made a successful payment but for some reason didn’t click on the button to place order, and later contact us ( you have to contact us to be aware ) , we will fix the issue within 90 days from the day you reach out to us.

15. You agree to have read and understood the short and long descriptions of the product from the product page ( for direct purchase from shop [shop>product] ) before making a purchase. You agree to the price shown at checkout.

16. In the case where you see an extra product in the order list in checkout ( due to caching etc ) , you must not proceed with the purchase. Clear browser cache first then buy the product again, you may not receive a refund since the ghost purchase details could be missing from the order details.

17. By clicking the ” Pay “, or ” Authorize “, or ” Pay & Place Order “, or ” Place Order ” button, you agree to all these terms of service. 

18. For normal functioning of the platform, wait for every page to load fully.

19. In a case where the buttons or page isn’t working as it should, try hard refresh first. If not solved, close the window then reopen. If still not fixed, wait and give it a try after a while. In the case of broken images, re-upload where possible.

20. For business catalogue for businesses, there may be a maximum of 30 products. 

21. If you upload content that is against platform policy, the content / listing may be unapproved. In case of obvious accidental mistake ( not including pornography, clearly false information like inputting the information of another business etc), you may then be contacted using the email address you used to register.

22. Due to the use of caching technologies and content delivery networks (CDNs), changes made to products or other content while logged into your account may not appear immediately on the public-facing website. Such changes typically appear sooner but may take up to 24 hours to be reflected.

Section A: Digital Products (Instant Delivery)

All sales of digital downloads, keys, and streams are final.

Delivery happens instantly upon payment confirmation.

Once delivery is complete, the product cannot be returned or refunded.

Section B: Video Bookings & Slot Reservations

Booking payments act as a non-refundable reservation fee.

Our system instantly locks your chosen time slot and removes it from the public calendar.

This prevents other paying clients from booking that specific time.

Because we lose the opportunity to sell this slot to others, bookings are strictly non-refundable. This applies even if the video session has not happened yet.

Section C: Safaricom M-Pesa PIN Liability & Fraud

Our platform uses secure Safaricom M-Pesa Express (STK Push).

A valid M-Pesa PIN serves as your legal signature authorization.

Per Safaricom Customer Terms, the account owner is fully liable for any transaction authorized by their secret PIN.

We do not issue refunds if an acquaintance, friend, or family member used your phone or PIN without your permission.

If you are a victim of mobile fraud, you must report the individual to Safaricom and obtain a Police Abstract to seek legal recourse against them directly.

You agree that you are using your own created content / or content you have permission to use by the original creator. If a verified original creator communicates with us saying you didn’t get permission, we reserve the right to remove the listing.

Media Capture Session Terms

Purpose of Media Capture

Media Capture Sessions are conducted primarily for the creation of visual content intended for inclusion on the map platform and related platform features.

A Media Capture Session is not a standalone videography-for-hire service. The primary purpose of the session is to capture visual media for map pin listings, business discovery, and platform-related content.

Captured content may also be used to promote the featured business across additional platforms including, but not limited to, Instagram, Facebook, TikTok, Snapchat, YouTube, advertisements, promotional campaigns, editorial content, and other digital media channels.

Such promotion may be direct or indirect. Indirect promotion may include the use of portions of captured media within broader city, travel, lifestyle, documentary, or creator content where the featured business may receive exposure, visibility, referrals, or public interest.

Ownership of Media

All photographs, video footage, audio recordings, raw files, edited materials, project files, and any other media captured during the session remain the sole property of the shooter and/or platform owner.

Participation in a Media Capture Session does not transfer ownership, copyright, or exclusive rights to the participating business.

Businesses may not claim ownership of the captured media.

Raw Footage and Project Files

Raw footage, unedited files, and project assets are not included as part of the Media Capture Session unless explicitly agreed to in writing under a separate arrangement.

Platform and Promotional Use

The shooter and/or platform owner reserves the unrestricted right to use, reproduce, edit, publish, distribute, archive, display, and promote all captured media across current and future platforms, including but not limited to:

– the city website and map listings,
– social media channels,
– advertisements,
– promotional campaigns,
– documentaries,
– portfolio showcases,
– presentations,
– editorial content,
– partner campaigns,
– marketing materials,
– creator content,
– future media projects.

Scheduling and Access

The participating business agrees to provide reasonable access to the premises and filming areas during the scheduled session. Delays, restricted access, or inability to film requested areas may affect the final content produced.

Public Environment and Customers

Media Capture Sessions may incidentally include customers, staff, or members of the public visible within the business environment. The participating business is responsible for informing staff of filming activity where appropriate.

Due to the nature of the business, make sure you check the businesses online ( outside of this website ) first to confirm its legitimacy before purchasing or visiting it.

Right to Refuse or Remove Content

The platform owner reserves the right to refuse, remove, or discontinue media publication at its sole discretion, including in cases involving misleading information, inappropriate conduct, legal concerns, or violations of platform policies.

Agreement

By booking, approving, or participating in a Media Capture Session, the participating business acknowledges and agrees to these terms in full.

We reserve the right to remove content or suspend accounts when the terms are broken.