Please read these Terms of Use carefully before using our Platform or services. By accessing or using the Nova Excellence Awards website, submitting or supporting a nomination, casting a vote, or purchasing a ticket, you agree to be legally bound by these Terms in their entirety. If you do not agree, you must not use our Platform or services. These Terms constitute a legally binding contract enforceable under the laws of Kenya, including the Law of Contract Act (Cap. 23, Laws of Kenya).
1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," "User") and Nova Excellence Awards, operated by Dala Luxe Events ("we," "us," "our," "the Organisation"), governing your access to and use of the website at www.novaexcellenceawards.com and all related services, including nomination, voting, ticketing, and prize systems (collectively, the "Platform").
By taking any of the following actions, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy (incorporated herein by reference), in accordance with the Electronic Transactions Act and applicable Kenyan law:
- Accessing or browsing any part of our Platform;
- Submitting, supporting, or consenting to a nomination for any award category;
- Registering to vote or casting a vote on our Platform;
- Purchasing a ticket or making any payment through our Platform;
- Accepting, claiming, or receiving any prize, reward, or cash disbursement;
- Communicating with us via any channel listed on our Platform.
If you are acting on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you are submitting a nomination on behalf of a minor, additional requirements in Section 5 apply.
2. About Nova Excellence Awards & Our Operator
Nova Excellence Awards is an awards programme established to celebrate and honour excellence across Africa and beyond. The awards programme is conceptualised, organised, managed, and operated by Dala Luxe Events ("the Operator"), a events management entity operating under the laws of Kenya.
All contractual obligations, data controller responsibilities, financial transactions, prize disbursements, and operational decisions arising from the Platform and the awards programme are the responsibility of Dala Luxe Events acting as operator of Nova Excellence Awards.
Important — How Nominations Work: Nova Excellence Awards and Dala Luxe Events do not independently scout, source, approach, solicit, or collect the personal information (including names, photographs, or contact details) of any potential nominee. All nominations are submitted voluntarily by:
- The nominee themselves (self-nomination);
- A fan, supporter, colleague, or member of the public acting on the nominee's behalf; or
- A parent or legal guardian acting on behalf of a minor nominee.
By submitting a nomination, the nominator takes full personal responsibility for ensuring that the nominee's personal data has been submitted with proper knowledge, consent, and authorisation as set out in Section 4 and Section 5 below. We organise an annual awards gala and related events, manage a public nomination and voting process, facilitate ticket sales, and administer prize disbursements for qualifying categories.
3. Eligibility
To use our Platform or participate in any Nova Excellence Awards service, you must:
- Be at least 18 years of age to submit a nomination, cast a vote, purchase a ticket, or accept a prize as an individual adult participant;
- Have the legal capacity to enter into a binding agreement under the Law of Contract Act (Cap. 23, Laws of Kenya) or the equivalent law in your jurisdiction;
- Not be prohibited from using our services under the laws of your country of residence or any applicable jurisdiction;
- Provide accurate, truthful, and complete information when using any form or service on our Platform.
Persons under the age of 18 ("Minors") may be nominated for applicable award categories subject to the mandatory guardian consent requirements set out in Section 5. Minors may not independently create accounts, submit nominations, cast votes, purchase tickets, or claim prizes without a parent or legal guardian acting on their behalf.
We reserve the right to refuse access to, or suspend the accounts of, any User who does not meet these eligibility requirements or who provides false or misleading information.
4. Nominations (Adult Nominees)
We do not collect or source any nominee's personal data ourselves. All nominations are submitted voluntarily by fans, supporters, or the nominees themselves. The nominator bears full legal responsibility for the accuracy of submitted information and for obtaining the nominee's consent.
Nominations for Nova Excellence Awards categories are subject to the following terms:
- Voluntary submission only: All nominations are submitted voluntarily by users of the Platform. Nova Excellence Awards and Dala Luxe Events do not independently source, scout, or solicit any nominee's personal data. The nominator is solely responsible for the data they submit.
- Accuracy: All information submitted in a nomination form must be accurate, truthful, and up to date. Submitting false, misleading, or fraudulent information constitutes a breach of these Terms and may constitute an offence under the Computer Misuse and Cybercrimes Act, 2018 (Kenya) and related legislation.
- Third-party nominations and nominee consent: If you nominate another adult person, you represent, warrant, and confirm that: (a) you have informed the nominee that you are submitting their personal data including their name, photograph, and professional information to Nova Excellence Awards; (b) the nominee has given their express or implied consent to such submission; and (c) you accept personal legal liability for any claim arising from your failure to obtain such consent, in accordance with the Data Protection Act, 2019 (Kenya), particularly Sections 30–32 governing lawful processing and consent. We accept no liability whatsoever for data submitted by nominators without the nominee's consent.
- Review and approval: All nominations are subject to review and approval by Nova Excellence Awards. We reserve the right, in our sole discretion, to accept, reject, or remove any nomination at any time, for any reason, including where a nomination does not meet our standards or award criteria, without any obligation to provide reasons.
- Public display and consent to use: By submitting a nomination (whether self-nominated or nominated by a third party), the submitting party grants Nova Excellence Awards the licence described in our Privacy Policy — Section 6 to publicly display the nominee's name, stage name, profile photograph, and award category on the voting portal and our official social media channels. Where a third party submits a nomination, they warrant that the nominee has consented to this public display or that such display is otherwise lawful.
- No guarantee of shortlisting or winning: Submission of a nomination does not guarantee shortlisting, selection as a finalist, receipt of an award, or eligibility for any cash prize. All decisions by Nova Excellence Awards are final.
- Nominee's right to withdraw: An adult nominee may at any time request removal of their nomination by contacting us at info@novaexcellenceawards.org, subject to reasonable operational constraints at advanced stages of the awards process. Withdrawal does not entitle any party to a refund of any fees paid.
5. Nominations for Minor Nominees (Under 18)
Nova Excellence Awards celebrates talent at all ages. However, the nomination, public display, and recognition of any person under the age of 18 is subject to strict mandatory requirements to protect the child's welfare, privacy, and legal rights. Submitting a nomination for a minor without complying with these requirements may constitute a criminal offence.
The following mandatory requirements apply to all nominations where the nominee is under the age of 18 ("Minor Nominee"):
- Parent or legal guardian consent is mandatory: A nomination for a Minor Nominee is only valid if a parent or legal guardian ("Guardian") has given their express, informed, and prior consent to: (a) the submission of the Minor's personal data (name, photograph, category); (b) the public display of the Minor's profile on the voting portal and social media; and (c) any participation in the awards event or prize process. By submitting a nomination for a Minor, you confirm that you are either the Guardian yourself or that you have obtained the Guardian's prior written or verifiable consent.
- Guardian responsibility for data: The Guardian is the data subject's legal representative for the purposes of the Data Protection Act, 2019 (Kenya) and is responsible for all decisions relating to the Minor's personal data. We will direct any data access, rectification, or deletion requests concerning a Minor to their Guardian.
- No independent account or participation by Minors: Minors may not independently register accounts, submit nominations, cast votes, purchase tickets, or claim prizes. All interactions on behalf of a Minor must be conducted by their Guardian.
- Age-appropriate categories: Minor Nominees will only be considered for award categories that Nova Excellence Awards has designated as appropriate for minors. We reserve the right to decline or remove any nomination for a Minor that we deem unsuitable, without liability.
- Right to removal: A Guardian may at any time request the removal of a Minor Nominee's profile and personal data from our Platform by contacting us at info@novaexcellenceawards.org. We will act on such requests promptly and in accordance with the Data Protection Act, 2019 (Kenya).
- Cash prizes for minors: Where a Minor Nominee qualifies for a cash prize under Section 7, the prize will be disbursed to the Guardian on the Minor's behalf. The Guardian is solely responsible for the appropriate use of such funds for the Minor's benefit, in accordance with the Children Act, 2022 (Kenya) and applicable guardianship obligations.
- Child safeguarding: Nova Excellence Awards is committed to child safeguarding. Any content, conduct, or communication involving Minor Nominees that we deem to be harmful, exploitative, or contrary to the Minor's welfare will result in immediate removal and may be referred to relevant authorities. Nominators and Guardians must not use the Platform to expose Minors to undue risk, harassment, or harm.
- Our limitation of liability: Nova Excellence Awards and Dala Luxe Events expressly disclaim liability for: (a) any harm arising from a nomination submitted for a Minor without a Guardian's consent; (b) any misuse of a Minor's data by a nominator who falsely represented that Guardian consent had been obtained; and (c) any outcome arising from a Guardian's decision to nominate or permit nomination of their child. Full legal responsibility in such cases rests with the nominator or Guardian.
6. Voting
Our public voting process is subject to the following rules and restrictions:
- One vote per person: Each eligible voter is permitted one (1) vote per award category per voting cycle, unless otherwise stated. Attempting to cast multiple votes using different email addresses, IP addresses, devices, proxy servers, VPNs, bots, or any other technical means is strictly prohibited and may constitute an offence under the Computer Misuse and Cybercrimes Act, 2018 (Kenya), Section 16 (unauthorised interference with computer systems).
- Vote integrity: We employ technical measures including IP address monitoring, cookie-based tracking, and device fingerprinting to detect and prevent fraudulent voting activity. Any votes identified as fraudulent will be disqualified and the relevant User may be permanently banned from the Platform.
- Voting period: Votes may only be cast during the official voting window as published on our Platform. Votes submitted outside this window will not be counted.
- Vote weighting and prize eligibility: Public votes contribute to the scoring methodology and may determine eligibility for vote-threshold prize tiers as described in Section 7. Nova Excellence Awards reserves the right to apply additional judging criteria, weighted scoring, or a judges' panel in determining final award recipients. Reaching a vote threshold does not automatically guarantee an award win, but may independently qualify a nominee for a cash prize as set out in Section 7.
- No vote purchases: The exchange of money, goods, services, or any other consideration in return for votes is strictly prohibited, constitutes fraud, and may attract criminal liability under the Penal Code (Cap. 63, Laws of Kenya).
- Finality: Once cast, votes cannot be changed, retracted, or refunded. All voting decisions are final.
7. Cash Prizes & Rewards
Nova Excellence Awards may offer cash prizes or rewards in certain award categories where a specific public vote threshold is reached. These prizes are subject to strict eligibility, verification, and claim requirements set out below. Nova Excellence Awards and Dala Luxe Events reserve the right to modify, suspend, or discontinue the prize programme at any time, subject to honouring obligations for prizes already validly earned.
The following terms govern all cash prizes and rewards offered through the Nova Excellence Awards programme:
7.1 Prize Tiers and Thresholds
- Vote-threshold prizes: Where a cash prize is advertised for reaching a specific public vote milestone (for example, USD $300 for reaching 10,000 votes in a qualifying category), that prize shall be awarded to the nominee who validly achieves the stated vote threshold during the official voting window, subject to the eligibility and verification conditions below.
- Published terms govern: The specific prize amount, vote threshold, qualifying categories, and any other prize conditions will be published on the Platform for each awards season. In any conflict between these Terms and specific prize announcements, the specific published prize terms shall prevail for that prize only.
- No guarantee of prize availability: The availability of cash prizes for any given award cycle is at our sole discretion and is not guaranteed. We reserve the right not to offer cash prizes in any category or cycle without prior notice, except where an entrant has already validly reached a qualifying threshold during an active prize window.
7.2 Eligibility for Prizes
- The nominee must have been validly nominated and accepted onto the Platform in accordance with Sections 4 or 5.
- The nominee must have reached the stated vote threshold through legitimate public voting only. Votes identified as fraudulent, duplicated, or artificially inflated will be disqualified and will not count towards any threshold.
- The nominee (or their Guardian, in the case of a Minor) must not be in breach of any provision of these Terms at the time of prize qualification or claim.
- The nominee must provide valid proof of identity and, where applicable, valid banking or payment account details to receive disbursement. We reserve the right to request additional verification documents in accordance with our anti-money-laundering and Know Your Customer obligations under the Proceeds of Crime and Anti-Money Laundering Act, 2009 (Kenya).
- Prizes are personal to the nominee and may not be transferred, assigned, or shared with any other party.
7.3 Prize Claim Process
- Upon qualifying for a cash prize, Nova Excellence Awards will contact the nominee using the contact details provided at the time of nomination.
- The nominee (or Guardian, for Minors) must submit a valid claim within 30 calendar days of being notified of their eligibility. Failure to claim within this period forfeits the prize.
- Prizes will be disbursed in Kenyan Shillings (KES) at the prevailing exchange rate on the date of disbursement, or in such other currency as Nova Excellence Awards may notify the claimant of at the time of claim. Nova Excellence Awards shall not be liable for any exchange rate fluctuations between the advertised prize amount and the disbursed amount.
- Prize disbursement will be made via mobile money (e.g., M-Pesa), bank transfer, or such other payment method as agreed between the parties. Any transaction costs, bank charges, or mobile money fees are borne by the recipient.
- Nova Excellence Awards will not be held liable for failed disbursements resulting from the nominee providing incorrect or outdated account details.
7.4 Taxation and Legal Compliance
- All prize recipients are solely responsible for any and all taxes, levies, or duties arising from the receipt of a cash prize in their jurisdiction, including but not limited to income tax obligations under the Income Tax Act (Cap. 470, Laws of Kenya) or equivalent legislation in their country of residence.
- Nova Excellence Awards may be required by law to withhold tax at source or report prize payments to the Kenya Revenue Authority or relevant tax authority. By claiming a prize, you consent to such withholding and reporting as required by law.
- Nova Excellence Awards does not provide tax advice. Prize recipients are encouraged to seek independent tax advice.
7.5 Disqualification from Prizes
- We reserve the right to disqualify any nominee from prize eligibility and to claw back or withhold any prize already announced (but not yet disbursed) where we have reasonable grounds to believe that: (a) votes were obtained fraudulently or through prohibited means; (b) the nominee or nominator has breached these Terms; (c) the nomination contained false or misleading information; or (d) the nominee has engaged in conduct that we consider to be harmful, illegal, or damaging to the reputation of Nova Excellence Awards.
- All disqualification decisions are made at our sole discretion and are final. No compensation will be paid for disqualified prizes.
7.6 Limitation of Liability for Prizes
- Nova Excellence Awards' total liability to any single prize claimant in connection with any cash prize shall not exceed the face value of the prize as advertised for that specific vote threshold.
- We are not liable for any indirect, incidental, or consequential losses arising from a failure to receive, or a delay in receiving, a prize payment.
- Prize availability is subject to sufficient operational funds being available. In the unlikely event that Nova Excellence Awards is unable to disburse an earned prize due to insolvency or force majeure, our liability shall be limited to a pro-rated share of available funds, if any.
8. Tickets & Payments
The following terms apply to all ticket purchases and payments made through the Platform:
- Purchase confirmation: A ticket purchase is confirmed only upon receipt of a payment confirmation reference sent to your registered email address. Nova Excellence Awards is not responsible for non-delivery of confirmation emails caused by incorrect email addresses, spam filters, or network issues on your end.
- Ticket validity: Tickets are valid solely for the specific event, date, venue, and category (e.g., table, seat type) stated at the time of purchase. Tickets may not be transferred, resold, or traded without our prior written consent.
- Proof of purchase: You may be required to present your confirmation email or a digital or printed ticket at the venue. Nova Excellence Awards reserves the right to refuse entry to any person unable to produce valid proof of purchase.
- Event changes: In the event that an event is postponed, rescheduled, or the venue is changed, we will notify ticket holders using the contact details provided at the time of purchase. Your ticket will remain valid for the rescheduled event. Where an event is cancelled entirely, please refer to Section 9 below.
- Pricing: All ticket prices are as displayed on the Platform at the time of purchase and include any applicable taxes or levies, unless otherwise stated. Nova Excellence Awards reserves the right to adjust ticket prices at any time prior to your purchase being confirmed.
- Payment security: Payments are processed through third-party payment processors. We do not store your full card details. By completing a purchase, you also agree to the terms and conditions of the relevant payment processor.
9. No-Refund Policy
All ticket sales and nomination-related payments made through the Nova Excellence Awards Platform are final and non-refundable. By completing a purchase or payment, you expressly acknowledge and agree to this policy. This policy is consistent with standard event industry practice and your statutory rights under the Consumer Protection Act (if applicable in your jurisdiction) are not affected where those rights cannot be lawfully excluded.
Specifically, the following applies:
- Tickets: Once purchased, event tickets cannot be refunded, exchanged, or credited under any circumstances, including but not limited to: personal illness, change of plans, inability to travel, conflicting commitments, or dissatisfaction with the event programme.
- Nomination fees (if applicable): Any fees paid in connection with a nomination submission are non-refundable, regardless of whether the nomination is accepted, rejected, shortlisted, or disqualified.
- Event cancellation: In the exceptional circumstance that Nova Excellence Awards cancels an event entirely (and does not reschedule it), we will consider refund requests on a case-by-case basis at our sole discretion. Any approved refunds will be issued to the original payment method and may be subject to administrative deductions. This does not affect any statutory rights you may have under applicable consumer protection legislation.
- Event postponement or rescheduling: In the event of a postponement or rescheduling, no refunds will be issued. Your ticket will automatically remain valid for the rescheduled event date.
- No chargebacks: You agree not to initiate a chargeback or payment dispute with your bank or card issuer in respect of any transaction made through this Platform, except where fraud has occurred. Initiating an unjustified chargeback may result in your permanent ban from the Platform and legal action to recover amounts disputed, including recovery of costs under the Civil Procedure Act (Cap. 21, Laws of Kenya).
We encourage you to carefully review event details and your personal circumstances before completing any purchase.
10. Purpose of Fees — Operational Use of Revenue
Nova Excellence Awards, operated by Dala Luxe Events, is a mission-driven awards programme. Fees collected through this Platform are not levied for purposes of personal enrichment but are applied towards the genuine costs of organising and delivering the awards programme, including prize disbursements where applicable.
All fees, charges, and ticket revenues collected through our Platform are applied towards the costs of organising and delivering the Nova Excellence Awards programme, including but not limited to:
- Venue hire — costs associated with securing, preparing, and staffing event venues;
- Event production — audio-visual equipment, staging, lighting, décor, and technical production services;
- Awards production — design, manufacture, and engraving of physical trophies, plaques, and certificates;
- Cash prize disbursements — funding of vote-threshold and other qualifying cash prizes as described in Section 7;
- Catering & hospitality — food, beverages, and hospitality services provided at our events;
- Marketing & communications — promotion of the awards programme, nominees, and event;
- Platform & technology costs — website hosting, software licensing, payment processing fees, and IT infrastructure;
- Administrative and operational costs — staff, logistics, security, and other overheads directly related to the running of the event and awards process.
Nova Excellence Awards, operated by Dala Luxe Events, is not a registered charity. However, we confirm that fees collected are applied to the genuine operational costs of delivering the awards programme and associated events, and not directed towards the personal enrichment of any individual associated with the Organisation beyond reasonable remuneration for services rendered.
If you have any queries regarding how fees are applied, you are welcome to contact us at info@novaexcellenceawards.org.
11. Privacy Policy
Your use of our Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference and forms part of this legally binding agreement. By agreeing to these Terms, you also confirm that you have read and agreed to our Privacy Policy. Our Privacy Policy is designed to comply with the Data Protection Act, 2019 (Kenya) and applicable international data protection standards.
Our Privacy Policy sets out in detail:
- What personal data we collect from nominees (including Minors), voters, ticket purchasers, and website visitors;
- How and why we collect and process that data;
- The legal basis on which we process your personal data;
- How your data may be shared with third parties;
- How long we retain your data;
- Your rights regarding your personal data and how to exercise them;
- How we use cookies and IP addresses;
- How to contact us regarding privacy matters.
We encourage you to read the Privacy Policy in full at www.novaexcellenceawards.com/privacy-policy.
12. Intellectual Property
All content on this Platform — including but not limited to text, graphics, logos, icons, images, audio clips, video content, page layouts, and software — is the intellectual property of Nova Excellence Awards / Dala Luxe Events or its licensors and is protected under the Copyright Act (Cap. 130, Laws of Kenya), applicable trademark laws, and other intellectual property legislation.
- Restricted use: You may not copy, reproduce, distribute, modify, transmit, display, publish, sell, license, or create derivative works from any content on this Platform without our prior written consent.
- Limited licence: We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purposes only — namely, to participate in the nomination and voting process, to purchase event tickets, and to access information about the awards programme.
- Your content: By submitting a nomination, the nominator grants Nova Excellence Awards the limited licence described in Section 6 of our Privacy Policy to use the nominee's name, stage name, and profile photograph for awards-related purposes. Where the nominee is a Minor, this licence is granted by the Guardian on the Minor's behalf. The nominee (or Guardian) retains ownership of the underlying personal profile content.
- Trade marks: The "Nova Excellence Awards" and "Dala Luxe Events" names, logos, and all associated marks are the trade marks of their respective owners. You may not use our trade marks without our prior written consent.
13. Prohibited Conduct
You agree that you will not, under any circumstances:
- Submit false, misleading, defamatory, or fraudulent information through any part of our Platform, in breach of the Defamation Act (Cap. 36, Laws of Kenya) or applicable law;
- Impersonate any person or entity, or falsely represent your identity or affiliation;
- Nominate any Minor without the express prior consent of their parent or legal Guardian;
- Attempt to manipulate the voting process through the use of bots, scripts, proxy servers, VPNs, or any other automated or deceptive means, contrary to the Computer Misuse and Cybercrimes Act, 2018 (Kenya);
- Purchase, sell, solicit, or offer votes in exchange for money, goods, services, or any other consideration;
- Engage in conduct that could damage, disable, overburden, or impair the functioning of our Platform or servers;
- Attempt to gain unauthorised access to any part of our Platform, our servers, or any data or systems connected to our Platform;
- Scrape, harvest, or collect data from our Platform without our written consent;
- Use our Platform for any purpose that is unlawful, harmful, abusive, harassing, defamatory, or otherwise objectionable under Kenyan or applicable law;
- Initiate unjustified chargebacks or payment disputes in respect of transactions made through our Platform;
- Reproduce, copy, or commercially exploit any content from our Platform without our prior written permission.
Breach of any of these prohibitions may result in immediate suspension or permanent banning from our Platform, disqualification from the awards process, cancellation of ticket purchases without refund, forfeiture of any prize entitlement, and/or legal proceedings.
14. Disclaimers
To the fullest extent permitted by applicable law:
- Platform availability: Our Platform is provided on an "as is" and "as available" basis without any warranty of any kind, express or implied. We do not guarantee that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
- Nomination data accuracy: We rely entirely on the accuracy of information submitted by nominators. We make no representation or warranty regarding the accuracy, completeness, or truthfulness of any nomination data submitted by third parties and accept no liability for data submitted without a nominee's knowledge or consent.
- Award outcomes: We make no representations or warranties regarding the outcome of any nomination, voting process, or award decision. All award decisions made by Nova Excellence Awards or its judging panel are final and binding.
- Third-party services: Our Platform may contain links to third-party websites or services. We are not responsible for the content, practices, or policies of any third-party sites and your use of such sites is at your own risk.
- Event delivery: While we endeavour to deliver events as planned, we do not warrant that events will proceed exactly as described. We reserve the right to make reasonable changes to event programmes, lineups, venues, and schedules.
- Prize disbursements: We do not guarantee that prize disbursements will be completed within any specific timeframe beyond reasonable commercial efforts. Delays caused by banking institutions, mobile money providers, regulatory requirements, or force majeure events are beyond our control and we accept no liability for such delays.
15. Limitation of Liability
To the maximum extent permitted by applicable law, including the Law of Reform (Frustrated Contracts) Act (Cap. 23A, Laws of Kenya) and applicable common law principles, Nova Excellence Awards, Dala Luxe Events, and their respective officers, employees, agents, partners, and affiliates shall not be liable to you for:
- Any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform or services;
- Any loss of profits, revenue, data, goodwill, or business opportunities;
- Any failure to shortlist, select, or award you in any award category;
- Any disruption, cancellation, or change to an event beyond our reasonable control, including acts of God, government action, pandemic, civil unrest, or force majeure events;
- Any claim arising from the submission of a nomination without a nominee's (or Minor's Guardian's) knowledge or consent, which liability rests solely with the nominator;
- Any delay or failure to disburse a prize caused by incorrect payment details, banking or mobile money provider failures, or regulatory requirements;
- Any unauthorised access to or alteration of your data or transmissions.
Where our liability cannot be excluded by law, our total aggregate liability to you in respect of any claim shall not exceed the amount paid by you to Nova Excellence Awards in connection with the specific transaction giving rise to the claim, or in the case of a prize dispute, the face value of the relevant prize.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
16. Indemnification
You agree to fully indemnify, defend, and hold harmless Nova Excellence Awards, Dala Luxe Events, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees on an attorney-client basis) arising out of or in connection with:
- Your use of, or inability to use, the Platform;
- Your breach of these Terms or our Privacy Policy;
- Any false, misleading, or fraudulent information you submit through the Platform, including in respect of a nominee's identity or a Guardian's consent;
- Your submission of a nomination for any person (including a Minor) without that person's (or their Guardian's) consent;
- Your violation of any applicable law, including data protection, child protection, or consumer protection legislation;
- The rights of any third party, including any nominee whose data you submitted without authorisation;
- Any dispute between you and another User of the Platform.
This indemnification obligation survives termination of these Terms and your cessation of use of the Platform.
17. Termination
Nova Excellence Awards reserves the right, in its sole discretion, to suspend or permanently terminate your access to the Platform and any associated services at any time, with or without notice, where we reasonably believe that you have breached these Terms, engaged in fraudulent or harmful conduct, or where we are required to do so by law.
Upon termination:
- All licences granted to you under these Terms will immediately cease;
- You must immediately stop using the Platform;
- Any pending nominations may be disqualified and any unverified prize claims forfeited;
- No refund of any fees or ticket purchases will be made in connection with a termination arising from your breach of these Terms.
Termination of your access does not affect any rights or obligations that arose prior to termination, nor does it affect provisions of these Terms that are intended to survive termination (including Sections 5, 7.4, 12, 15, 16, and 18).
18. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Kenya, including but not limited to: the Law of Contract Act (Cap. 23), the Data Protection Act, 2019, the Computer Misuse and Cybercrimes Act, 2018, the Consumer Protection Act, 2012, the Children Act, 2022, and the Proceeds of Crime and Anti-Money Laundering Act, 2009, without regard to conflict of law principles.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation. If a resolution cannot be reached within thirty (30) calendar days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Kenya seated in Nairobi.
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect their rights.
For Users resident outside Kenya, we do not represent that our Platform complies with the laws of any jurisdiction outside Kenya. You use the Platform at your own risk and are responsible for compliance with your local laws.
19. Changes to These Terms
We reserve the right to update or amend these Terms at any time to reflect changes in our operations, legal requirements, prize structures, or other factors. When we make material changes, we will:
- Update the "Last Updated" date at the top of this page;
- Display a prominent notice on our Platform; and
- Where appropriate, notify you directly by email.
Your continued use of the Platform following the posting of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to any amended Terms, you must stop using the Platform immediately. We encourage you to review this page periodically to stay informed of any changes.
20. Contact Us
If you have any questions, concerns, or requests relating to these Terms of Use, prize claims, nominations, or any other matter, please reach out to us through any of the following channels:
We aim to respond to all enquiries within 5 business days.