KGOGO TERMS AND CONDITIONS OF SALE

KGOGO ARTS & GALLERY

TERMS AND CONDITIONS OF SALE

Effective Date: 18 December 2021

Updated: [5 June 2024]

These Terms and Conditions govern all transactions, bookings, purchases, and engagements with KGOGO Arts and Gallery (“KGOGO”, “we”, “us”, or “our”). By purchasing any artwork, sound pieces, or participating in any of our experiences—including but not limited to NDIRI PANO; The African, Sacred Sound Healing Meditation—you agree to be legally bound by the following terms and policies.

We advise all clients to read this document thoroughly before engaging with KGOGO Arts and Gallery.

1. Booking and Participation in Sound Healing Meditation

1.1 Advance Booking

All bookings must be made 3 to 7 days in advance of the intended experience date to allow for adequate preparations and coordination with necessary personnel and venue authorities.

1.2 Availability & Confirmation

While KGOGO endeavors to accommodate your preferred booking date, participation is subject to availability. Your reservation is only confirmed once approved in writing by KGOGO.

1.3 On-Site Safety & Liability

Experiences such as the rainforest meditations are facilitated with oversight by the Zimbabwean Parks and Wildlife Management Authority. Nevertheless, participation is at your own risk. KGOGO shall not be liable for any personal injury, animal-related incidents, medical emergencies, weather-related discomfort, or unforeseen circumstances. Participants are expected to take all reasonable precautions and are advised to consult their healthcare provider before participating in the meditation.

1.4 Guest Responsibilities

Guests must arrive promptly. Late arrivals may not be accommodated and will not be eligible for refunds. Respect for all guidelines, facilitators, natural environments, and fellow participants is required for a safe and transformative experience.

2. Purchase of Artworks and Sound Pieces

2.1 Original Format & Preservation

Each sound piece is recorded live during its creation and preserved using M-DISC technology, ensuring a minimum lifespan of up to 1,000 years. All artworks are delivered with the highest standards of authenticity and presentation.

2.2 All Sales Final

Due to the nature of our high-value, limited-edition art pieces and sound offerings, all purchases are final. We do not offer refunds, exchanges, or returns.

3. Liability and Indemnification

3.1 Limitation of Liability

KGOGO Arts and Gallery disclaims all liability for any direct, indirect, incidental, special, or consequential damages that may result from your interaction with our services or products.

3.2 Indemnification

By engaging with our services, you agree to indemnify and hold harmless KGOGO Arts and Gallery, its directors, employees, contractors, and affiliates from any claims or liabilities arising from your participation or purchases.

4. General Terms

4.1 Amendments

KGOGO reserves the right to update or modify these terms at any time. Updates will be effective immediately upon posting to our website. Continued use of our services constitutes acceptance of the new terms.

4.2 Governing Law

These terms are governed by the laws of the Republic of Zimbabwe. Any disputes shall be submitted to the exclusive jurisdiction of Zimbabwean courts.

5. Client Standard Terms

The client explicitly waives the application of their own terms and conditions, even if supplied at a later date. Any deviations from these terms must be agreed to in writing by KGOGO in advance.

6. Invoicing & Payment Terms

All invoices are payable within 3 to 7 business days, unless otherwise stated. Late payments may incur a fixed interest charge of 10% of the outstanding amount. KGOGO reserves the right to suspend services without notice in the case of overdue accounts.

7. Debt Collection

If payment remains outstanding for more than sixty (60) days, KGOGO reserves the right to engage a debt recovery agency. All costs associated with this process shall be borne by the client.

8. Withholding Taxes (International Clients)

In jurisdictions where withholding tax is applicable, the client agrees to bear all such tax obligations and ensure full remittance to local tax authorities. KGOGO is not responsible for any international withholding obligations and expects to receive the full invoice amount exclusive of such deductions.

9. No Guarantee of Outcome

KGOGO undertakes to provide services with diligence and in good faith. However, no guarantee of outcome or performance is implied or expressed. KGOGO shall not be obligated to appear as a third party in legal proceedings related to end-user complaints.

10. Claims

All complaints or claims must be addressed to KGOGO via registered post to our headquarters within 8 days of delivery or completion of services. After this period, deliveries and services are considered accepted without dispute.

PRIVACY POLICY

KGOGO Arts and Gallery respects your privacy. This policy outlines how we collect, use, and protect your data in accordance with international data protection standards such as the General Data Protection Regulation (GDPR) and applicable local laws.

Data We Collect

Personal details: name, contact info, billing/shipping address, etc.
Booking and purchase information
Technical data: IP address, browser, device, cookies

How We Use Your Data

To process bookings and purchases
To communicate with you and provide customer support
To send promotional material (if consented to)
To maintain and improve website security and functionality

Data Sharing

We do not sell your data. We may share it only with:

Payment processors
Shipping/delivery providers
Legal or regulatory authorities, if legally required

Security Measures

KGOGO uses advanced security protocols including SSL encryption, secure payment gateways, and firewall protection. However, no method is 100% secure, and you acknowledge this risk when engaging digitally.

Your Rights

You have the right to:

Access, correct, delete, or restrict your data
Object to data processing
Request data portability
Withdraw consent at any time

To exercise your rights, contact us via our website or designated privacy contact point.

Updates to This Policy

We may revise this policy periodically. Updated versions will be posted on our website with an updated "Last Modified" date.

ANTI-MONEY LAUNDERING (AML) POLICY

KGOGO Arts and Gallery adheres strictly to anti-money laundering legislation and global compliance practices. We are committed to legal, ethical, and transparent operations and will not tolerate abuse of our platform for criminal or illicit financial activities.

Policy Purpose

This AML Policy ensures that all financial activity under KGOGO’s name complies with international AML regulations and reflects high ethical standards.

Scope of Application

This policy applies to:

KGOGO staff, contractors, and directors
Clients, donors, and purchasers
Partners and third-party service providers

Prohibited Transactions

We prohibit:

Use of funds sourced from criminal activities
Concealment of the origin or ownership of funds
Transactions intended to fund terrorist activity
Any client attempting anonymity for suspicious reasons

Due Diligence and Verification

KGOGO reserves the right to:

Verify client identity
Conduct background checks where deemed necessary
Maintain detailed transaction records
Decline business if AML compliance is not met

Any suspected AML breach will be reported to the relevant authorities.

Employee Responsibility

All employees must report suspicious activity. Reports must include:

Names of persons/entities involved
Description of suspicious behavior or transactions
Value of transaction
Date, time, and any supporting evidence

Failure to comply with this policy may result in termination and legal prosecution.

Policy Enforcement and Review

This policy will be reviewed and updated regularly. All stakeholders will be notified of any changes, and compliance is mandatory at all times.

For questions, clarifications, or to request any data, billing, or compliance-related support, please contact us directly through the official contact form on our website.