These terms and conditions form part of the Agreement which applies to all services provided from time to time by Nostalgic Foods Ltd (“Bao Box”) to its customer (“Customer”), to the exclusion of all other terms, express or implied, including any put forward by Customer, unless and to the extent that a separate agreement has been signed and entered by both parties. Nostalgic Foods Limited are registered in Kenya under company number PVT-ZQUDJG and have our registered office at Hansvir Court, Parklands, Nairobi, Kenya. Our KRA Pin No is P051655362Z. All bookings are also subject to any additional booking/product-specific terms, which form part of the Agreement. Customer’s confirmation, in any form, that it wishes Bao Box to perform any services, or acceptance of any services from Bao Box, constitutes acceptance of this Agreement.

Interpretation
1. The following definitions and rules of interpretation apply in these Conditions.

2. Definitions: “Booking” means the booking made by the Customer for the Services specified on the Booking Form; “Booking Form” means the completed booking form specifying the Services to be provided, amounts payable and other details. “Charges” means the charges payable by the Customer for the supply of the Services in accordance with clause 5(Charges and payment). “Conditions” means these terms and conditions as amended from time to time in accordance with clause 12.3. “Contract” means the contract between Bao Box and the Customer for the supply of Services in accordance with these Conditions, comprising these Conditions and the Booking Form. In the event of any conflict or inconsistency between these Conditions and the terms set out in the Booking Form, the terms set out in the Booking Form will prevail. “Customer” means the person or firm who purchases Services from Bao Box. “Customer Default” means has the meaning set out in clause 4.2. “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the Kenya including the General Data Protection Regulation; the Data Protection Act 2018; “Event Date” means the date of the event that is the subject of the Customer’s Booking. “Guests” means all guests participating in or attending the Customer’s Booking. “Intellectual Property Rights” means patents, copyright and related rights, trade and service marks and names, business names and domain names, goodwill and the right to sue for passing off, rights in designs, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in
the future in any part of the world. “Services” means the services supplied by Bao Box to the Customer as set out in the Booking Form. “Site” means the Bao Box site at which the Services are to be provided, as specified on the Booking Form.

3. Interpretation:
1. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
2. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3. A reference to writing or written includes email OR.
2. Basis of contract
1. A completed Booking Form constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2. The Booking Form shall only be deemed to be accepted when Bao Box communicates acceptance of the Booking Form at which point and on which date the Contract shall come into existence.
3. Any descriptive matter or advertising issued by Bao Box, and any descriptions or illustrations contained in Bao Box’s catalogues, brochures or websites, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
4. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
5. Any quotation given by Bao Box shall not constitute an offer, is only valid for a period of 30 days from its date of issue, and is always subject to availability (which Bao Box gives no guarantee of until the Booking Form has been accepted.
3. Supply of Services
1. Bao Box will supply the Services to the Customer in accordance with the Booking Form in all material respects.
2. Please note that our updated cancellation policy as of 16/03 on Coronavirus is that all bookings may be postponed for a future date, however we are not currently able to process refunds until government guidance and support is
provided. To amend the date of your booking please contact play@baobox.co.ke
3. Bao Box reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services.
4. The Services will be provided by Bao Box using reasonable care and skill.
5. If the Customer wishes to change the nature or details of a Booking, it should contact Bao Box with details of the requested change, and Bao Box will do what it can to accommodate the change, but gives no guarantees that it will be able to do so.
6. Unless indicated otherwise on the Booking Form, a Booking does not include any food or beverages, which must be purchased separately. No food or beverages may be brought on to the Site.
7. Bookings may not be re-sold or transferred for commercial gain. Any attempt to do so may result in cancellation of the Booking without refund, and the holder of a re-sold or transferred Booking may be refused entry or required to leave the Site.
4. Customer’s and Guests’ obligations
1. The Customer shall:
1. ensure that the terms of the Booking Form and any information it provides relating to its Booking are complete and accurate;
2. co-operate with Bao Box in all matters relating to the Services;
3. provide Bao Box with such information and materials as Bao Box may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
4. comply with all applicable laws, including health and safety laws, and all Site regulations made available to it;
5. comply with all of the Customer’s obligations set out on the Booking Form;
6. procure that all Guests are aware of and comply with the applicable obligations noted at clauses 4.1.4, 4.1.5 and 4.2.
2. In relation to all Guests:
1. Bao Box takes the safety of all its guests seriously and may carry out security searches and ID checks on or after entry to the Site. All Guests must submit to such searches or checks if required to do so.
2. All Guests must drink and play responsibly. Bao Box reserves the right to refuse entry or service to, or to remove, any Guest whose behavior puts at risk the enjoyment and safety of its other guests.
3. Any Guest causing damage to our equipment or other property will be required to pay for the damage. If Bao Box is unable to recover such payment from a Guest, the Customer will be responsible for it.
4. Guests are responsible for the safeguarding of their own possessions while on Site, and neither Bao Box nor any of its staff, agents or partners will be responsible for any loss or damage caused to such possessions unless caused by the deliberate acts or omissions, or negligence, of Bao Box and save to the extent that such responsibility cannot be excluded by law.
5. There are obvious potential dangers associated with all the activities. Each Guest voluntarily assumes all risks and danger in relation to the Booking, and neither Bao Box nor any of its staff, agents or partners will be responsible for any loss or damage caused to such possessions unless caused by the deliberate acts or omissions, or negligence, of Bao Box and save to the extent that such responsibility cannot be excluded by law.
6. The Booking, and all Guests’ participation in it, is subject to Bao Box’s privacy notice, By participating any Booking, each Guest is taken to have agreed to the terms of the privacy notice, and it is the Customer’s duty to inform them of that.
3. If Bao Box’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
1. without limiting or affecting any other right or remedy available to it, Bao Box shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Bao Box’s performance of any of its obligations;
2. Bao Box shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Bao Box’s failure or delay to perform any of its obligations as set out in this clause 4.2; and
3. the Customer shall reimburse Bao Box on written demand for any costs or losses sustained or incurred by Bao Box arising directly or indirectly from the Customer Default.
5. Charges and payment
1. The Charges for the Services are set out in the Booking Form.
2. The Customer shall pay the Charges as follows:
1. If the Event Date is more than 7 days after the date of the invoice or the date on which the Booking is made, payment must be made within 7 days of the date of invoice; and
2. If the Event Date is 7 days or less after the date of the invoice or the date on which the Booking is made, payment must be made upon making the Booking or immediately upon receipt of the Invoice.
Payments must be made in full and in cleared funds by the method agreed between the parties.
3. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6. Intellectual property rights
1. All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by Bao Box.
7. Data protection
1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 7 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
2. Without prejudice to the generality of clause 7.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable Bao Box to perform the Services.
8. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
1. Bao Box has obtained public liability insurance cover in respect of its own legal liability for individual claims not exceeding Kshs 100,000.00 per claim. The limits and exclusions in this clause reflect the insurance cover Bao Box has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
2. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation; and
3. breach of a consumer’s statutory or other rights to the extent that such liability cannot be limited.
3. Subject to clause 8.2, Bao Box’s total liability to the Customer shall not exceed the amount paid by the Customer in respect of the Booking in relation to which the liability has arisen. Bao Box’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
4. This clause 8.4 UPDATE FC sets out specific heads of excluded loss:
1. Subject to clause 8.2, the types of loss listed in clause 8.4.2 are wholly excluded by the parties, whether in contract, tort (including negligence) or otherwise, without prejudice to the Charges payable by the Customer.
2. The following types of loss are wholly excluded:
1. Loss of profits
2. Loss of sales or business.
3. Loss of agreements or contracts.
4. Loss of anticipated savings.
5. Loss of use or corruption of software, data or information.
6. Loss of or damage to goodwill.
7. Indirect or consequential loss or damage.
5. All terms, representations or warranties (whether express or implied by statute or otherwise) not set out in the Contract are, to the fullest extent permitted by law, excluded from the Contract.
6. This clause 8 shall survive termination of the Contract.
7. Where the Customer is a consumer, nothing in the Contract shall exclude or limit the Customer’s statutory rights as a consumer.
9. Termination
1. Without affecting any other right or remedy available to it, either party may cancel the Contract by giving the other party written notice prior to the time specified in the Booking Form for cancellation. If Bao Box terminate the Contract (and therefore cancel the Booking) pursuant to this clause, it will give the Customer a full refund of any amounts paid in advance.
2. Without affecting any other right or remedy available to it, either party may terminate the Contract (and therefore cancel the Booking) with immediate effect by giving written notice to the other party if:
1. the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
2. the other party takes any step or action in connection with its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by Booking Form of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on.
3. Without affecting any other right or remedy available to it, Bao Box may terminate the Contract (and therefore cancel the Booking) with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
4. Without affecting any other right or remedy available to it, Bao Box may suspend the supply of Services under the Contract or any other contract between the Customer and Bao Box if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 9.2.2, or Bao Box reasonably believes that the Customer is about to become subject to any of them.
10. Consequences of termination
1. On termination of the Contract, unless expressed otherwise in the Contract, the Customer shall immediately pay to Bao Box all of Bao Box’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Bao Box shall submit an invoice, which shall be payable by the Customer immediately on receipt.
2. Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
11. Additional rights of consumers This clause 11 only applies where the Customer is contracting as a consumer (a “Consumer Customer” or “you”). It does not apply, for example, to corporate Bookings.
1. Exercising a consumer’s rights to cancel a Booking under the Consumer Contracts Regulations 2013. A Consumer Customer may, where the Booking has been made over the phone, by email, over the internet or by some other method which did not involve the Customer coming to one of Bao Box’s premises to discuss or make the Booking, cancel the Contract by giving written notice to Bao Box within 14 days of making the Booking provided that this falls before the cancellation deadline specified in the Booking Form. That is because, if you cancel after that time, Bao Box may not be able to re-sell the slot that that it had
reserved for you. If you cancel under this right, you are entitled to receive a full refund of any amount paid in advance. If you wish to cancel a Booking under this right:
1. Please contact Bao Box by email or by phone before the time specified above;
2. Bao Box will make the refund using the same payment method that you used, or as otherwise agreed, as soon as it can.
2. Consumers’ rights under the Consumer Rights Act. The Consumer Rights Act 2015 contains a number of rights for consumers which cannot be excluded (and we therefore do not exclude any rights which cannot be excluded). Rights under the Consumer Rights Act include:
1. The right to ask Bao Box to repeat or fix the Services if they’re not carried out with reasonable care and skill, or get some money back if Bao Box can’t fix a problem;
2. If the parties have not agreed a price beforehand, what the Consumer Customer is asked to pay must be reasonable;
3. If the parties have not agreed a time beforehand, the Services must be carried out within a reasonable time.
12. General
1. Force majeure. Bao Box shall not be in breach of the Contract nor will it be liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control, including fire, flood, natural disaster, act of terrorism, war, inability to obtain supplies, utilities or technology failures or act of governmental authority.
2. Entire agreement.
1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the Booking.
2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
3. Nothing in this clause shall limit or exclude any liability for fraud or liability to consumers to the extent that it cannot be lawfully limited or excluded.
3. Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
4. Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
5. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
6. Notices.
1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its address specified on the Booking Form
2. Any notice shall be deemed to have been received:
1. if delivered by hand, on signature of a delivery receipt; and
2. if sent by pre-paid first-class post or other next working day delivery service, at 10.00 am on the second working day after posting.
7. Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
8. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of The Republic of Kenya.
9. Jurisdiction. Each party irrevocably agrees that the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Attending the venue
Bao Box is all about having fun and we don’t want to have lots of rules that stop this happening. However, to ensure that all our guests have a great time there are a few friendly guidelines we need you and your party to understand.
Safety & security
Your safety and wellbeing is of paramount importance to us. In the interests of everyone’s enjoyment and safety, all members of your party are expected to behave responsibly throughout the duration of their visit to the venue. The management of Bao Box reserves the right to decline to honour a booking and/or eject from the premises any attendee who is seen to be drunk or under the influence of drugs; behaving in a violent, disruptive or irresponsible manner; causing a nuisance to others; or responsible for the commissioning of a criminal or civil offence.
Bao Box reserves the right in its sole discretion to refuse admission to the venue and may conduct security searches on entry.
All attendees are permitted to use Bao Box & its facilities and equipment solely at their own risk. Those present at the venue must comply with any instructions given by staff co-ordinating activities taking place at the venue or in relation to health and safety or security matters.
All attendees must take responsibility for the safeguarding of their personal belongings while present at the venue. Bao Box or its officers cannot accept liability for any loss or damage to an individual’s clothing or personal belongings.
Lateness
Please make every effort to ensure your party arrives on time for your first scheduled activity, allowing additional time in case of adverse weather or disruption to public transport. Parties of four persons or more should plan to arrive at the venue at least 15 minutes prior to their scheduled start time.
TERMS OF USE
Please read these terms and conditions carefully before using the site or visiting our venues.
Terms of use in venue
Entry to the venue and serving of alcohol is at the managers’ discretion.
For terms and conditions for Bookings please see our Bookings Policy.
Terms & Conditions of website/app use
Welcome to our website/app, www.baobox.co.ke, which is accessible via your computer or your portable hand-held device (the “Website/app”). The Website/app is Nostalgic Foods Limited (“Bao Box”, “us”, “we” or “our” for short). We are registered in Kenya under company number PVT-ZQUDJG and have our registered office at Hansvir Court, Parklands, Nairobi, Kenya. Our KRA Pin No is P051655362Z. For the purposes of these Terms of Use you” and “your” means you as the user of our Website/app.
To contact us, visit our CONTACT page.
We have set out the terms under which we are providing you with access to our Website/app and its products and services. These include the terms and conditions that govern: your use of our Website/app (including the mobile optimised version of our Website/app accessible from your portable hand-held device); your use of the services and products offered through our Website/app; your rights to link to our Website/app; how we will use and protect information about you (see our separate “Privacy and Cookies Policy”) and your obligations when uploading comments to our Website/app (see our “Content Standards” below).
Collectively these documents are termed as the “Terms of Use”. We may change our Terms of Use from time to time. The revised Terms of Use will be available via the Website/app. You should check the Terms of Use regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to the Terms of Use if you continue to access or use the Website/app.
Use of this website/app
These Terms of Use set out how you may use our Website/App. By accessing the Website/App, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should not use the Website/app. You should read all the Terms of Use prior to using the Website/app. You should also save and/or print out a copy of these Terms of Use for future reference.
Specific terms
Our website/app may contain specific terms that are respective for the area you are contained within, if such terms exist they will be displayed where applicable. These terms only relate to the specific products or services mentioned. If there is a conflict between these general Terms of Use and the specific terms, the relevant specific terms will take precedence.
Accessing our website/app
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. Access to our Website/app is permitted on a temporary basis. We update our website/app regularly and so may change the content at
any time without notice to you. We reserve the right to withdraw, vary or suspend the service at any time without notice.
You are responsible for making all arrangements necessary to access this Website/app. You are also responsible for ensuring that all persons accessing our Website/app through your internet connection are aware of these Terms of Use.
Please note that use of our Website/app is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Website/app which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
Reliance on information posted
The content on our site is provided for general information only. Materials posted on our Website/app are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by Kenyan law.
Where we provide details of our food and drink menus, we make no promise that those details will be available in a particular venue on a particular day – all menus are subject to availability.
Intellectual property
You may access, view and print out one copy of this Website/app and all information, images, and other content displayed on the Website/app (“Materials”) strictly in accordance with these Terms of Use.
You may only view, print out, use, quote from and cite the Website/app and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement where appropriate to State of Play Hospitality Limited. All intellectual property rights in and to the Website/app and the Materials are either owned by or licensed to us and your use of the Website/app and Materials is subject to the following restrictions. You must not:
remove any copyright or other proprietary notices contained in the Materials;
use any Materials from the Website/app in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or
reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website/app and/or the Materials for any commercial purpose, without our prior written consent.
Trade marks
We expressly reserve all rights in and to the www.baoboc.co.ke domain name and all related domains and sub-domains, the name “Bao Box”, our logo, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Website/app may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
Linking to our website/app
You may link to any page of the Website/app, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You must not link to our Website/app in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website/app. Our Website/app must not be framed on any other site. Views and opinions expressed in user generated content linked from this Website/app are the opinions of those users and do not represent the views, opinions, beliefs or values of Bao Box and Bao Box accepts no responsibility for such content. If you would like to link to our site for commercial purposes or any purpose not included above, please contact Nostalgic Foods Limited via email on foddsnostalgic@gmail.com. We reserve the right to withdraw linking permission at any time and without notice.
We are not responsible for viruses and you must not introduce them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Jurisdiction and Applicable Law
The Kenyan courts will have jurisdiction over any claim arising from, or related to, a visit to our Site, Venue or use of our services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Kenya.
Ordering Through the Application
This policy (together with any documents referred in it states the terms (the “Terms of Use”) which apply when you use Bao Box’s Web Application (the “Application”) to order any menu items (the “Items”).
Please read these Terms of Use carefully before ordering any Items from the Application. If you have any questions relating to these Terms of Use please contact us visit our Contact Page before you place an order.
If you are a consumer, you have certain legal rights when you order Items using the Application. You can find more information about these rights on the Citizens Advice website/app. Your legal rights are not affected by these Terms of Use, which apply in addition to them and do not replace them.
By using the Application, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use the Application.
Service Availability
The availability of our Service is limited to the opening hours of our Restaurant and you may only order from within the location of the Restaurant. If you try to order from any location other than within the Restaurant or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
Orders
When you place an Order through the Application, it needs to be accepted by us before it is confirmed. You will receive a notification to state your order has been accepted and will contain a reference number in relation to your order (the “Order Confirmation”). The contract for the supply of any Item you have ordered comes into existence when we send the Order Confirmation.
You are responsible for paying for all Items ordered using your mobile device, and for complying with these Terms of Use, even if you have ordered the Item for someone else. All Items are subject to availability.
Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact our staff prior to ordering if you have an allergy.
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been served do not comply with these legal rights, please let the staff at the Restaurant know. The Restaurant will process the refund in respect of the affected part of the Item, unless the Restaurant Partner has reasonable cause to believe that the problem occurred after the item was served.
Prior to processing your refund, the Restaurant may take into account relevant factors including the details of the order, where and when it was served ad well as any other relevant information.
Alcohol
Alcoholic beverages can only be sold and served to persons aged 18 or over. By placing an order for alcohol, you confirm that you are at least 18 years old. The Restaurant may refuse to deliver any alcohol to any person who does not look 18 unless they can provide valid photo ID proving that they are aged 18 or over. The Restaurant may also refuse to serve any alcohol to any person who is, or appears to be, under the influence of either alcohol and/or drugs. If the serving of alcohol is refused, you will still be charged for the relevant beverage.
Cancellation
You may cancel an order without charge at any time before the Restaurant has started preparing the Items (a “Started Order”). If you wish to cancel an order before it becomes a Started Order, please contact a member of staff at the Restaurant immediately. If the Restaurant confirms the order was not a Started Order, the Restaurant will refund your payment. If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items.
The Restaurant may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by the Restaurant, and the Restaurant will process the reimbursement for any payment already made using the same method you used to pay for your order.
Prices, Payment and Offers
Prices include VAT & Catering Levy. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. Prices can change at any time at the discretion of the Restaurant. Our Restaurant reserve the right to charge a Service Fee, which may be subject to change. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on the Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 1 hour of creating the basket. If you do not conclude the order before the 1-hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious
pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.
The total price of your order will be set out on the checkout page on the Application, including the prices of Items and applicable Service Fees and taxes.
Payment for all Items will be made on the Application by credit or debit card, or other payment method made available by us. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment.
We are authorised to accept payment through the Application on and payment of the price of any Items to us will fulfil your obligation to pay the price to the Restaurant.
Loss or Damage
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the Items; or for defective Items under the Consumer Protection Act 1987.
Please note that we only provide the Application for domestic and private use. You agree not to use the Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms of Use, or as a result of any IT hardware or software failure other than a failure in the Application.
Data Protection
We process your personal data in accordance with our Privacy Policy which can be found here.
Other Terms
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
We amend these Terms of Use from time to time. Every time you wish to use the Application, please check these Terms of Use to ensure you understand the terms that apply at that time.
Changes to the Terms of Use will not affect any orders you have placed where we have sent the Order Confirmation.
The Terms of Use are governed by the Kenyan law and you can bring legal proceedings in respect of the products in the Kenyan courts.
Booking in at Bao Box
When you get booked into Bao Box, the amount of people in your group size will determine the amount of activity tables and the length of time we can allocate you depending on the availability and the activity.
We charge on a per person basis which is taken at the time of booking. This is the cost of the reservation. We can’t confirm the reservation without this payment. The amount we charge is based on the activity table.
We will cap the amount of people we charge depending on the activity chosen. Any groups larger will then have to pre-order food and drinks to make sure you have the best experience possible.
Pre-ordering at Bao Box
When you have your booking confirmed, you can pre-order food and drinks for the booking. This is a great idea if you have a larger group or if you want to beat the queues at the bar! You will have up to 48-hours before your booking to pre-order and pay for your pre-order.
We also cater for Vegan, Vegetarian and Gluten-Free guests. If you want to understand what we have available for our guests, please contact our bookings team.
Exclusive Areas
If you are booking an exclusive area, you will be able to hire this for up to 4 hours or at the discretion of the on site Manager. We will ask for a minimum spend to secure this booking. The minimum spend will depend on the area you choose. All minimum spends are used towards your food, drinks and entertainment for the evening. To book an exclusive area, we will need to take a deposit of the minimum spend of your exclusive area. This deposit is non-refundable and non-transferable. The remaining balance is then due 7 days before the booking, at which point the full balance is non-refundable and non-transferable. At the time of booking, we will inform you of the total cost of the area you will be booking.
Cancellations
If you want to cancel a booking at Bao Box, you will need to inform us with 48-hours’ notice of the reservation date. Within 48-hours of the booking, we will not be able to cancel or amend any bookings. This cancellation period only applies to booking in our main space, and not to exclusive area or private room bookings.
PRIVACY POLICY
Boa Box is committed in respecting and protecting your personal data. The following policy outlines the general processes we go through once you provide your data.
Please read carefully to understand the practice and guidelines in place to ensure we keep your data secure and informing you of what we do with your data.
Under the Data Protection Act 1998 (the “Act”), we are registered as Nostalgic Foods Ltd.
Photography and video
Bao Box reserves the right to take photos and videos within its venues at all times. These images will be used by Bao Box to share positive promotional news about its events and experiences across all digital channels of communication and the occasional internal memorandum. Images may also be used in press releases, printed publicity and published on our website/apps globally. All Images are stored securely on our server. If you would prefer for you or your child not to be photographed or filmed, please call 0715-226-269 and ask for a member of the team or email play@baobox.co.ke
What data Bao Box collects
As soon as you visit our website/app, our web server will automatically record an anonymous profile of which website/app you visited us from, pages you have visited and what sequence, and the date and length of your visit. This aggregate and does not identify you specifically. We do store personal identifiable data when you volunteer to submit your information through our booking forms, last minute booking forms, guest list sign up forms, newsletter sign up forms and purchase items through our online retail shop. This data is any information that identifies you which includes first and last name, email address, telephone number, company name and payment details. We may also collect additional information such as interests, preferences, transactional information, demographics (e.g. age, gender and income information).
Bao Box cookies policy
We and other third party service providers and partners may send your computer “cookies” to enhance your online experience. Cookies are coded files that can classify you as a unique user and store your personal preferences which allow us to see which pages you have visited and in what order. We use cookies to personalise your visit to the website/app, see traffic on the website/app and track user trends, patterns and selections for authorised download and for technical reasons connected with your use of our site. Cookies can be permanent and remain on your computer until you delete them or temporary in which they a cleared once you close your browser. We may also use “web beacons” that monitor your use of our sites. Web beacons (or web bugs) are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the web beacon appears, the URL
(Uniform Resource Locator) of the page on which the web beacons appears, the time the page containing the web beacon was viewed, the types of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our email. On their own, cookies or web beacons do not contain or reveal any personal data. However, if you choose to provide us with personal data, it can be linked to the anonymous data stored in the cookies and/or web beacons. Most browsers are initially set to accept cookies and you will be prompted as soon as you visit the website/app on cookies being used. However, if you prefer, you may adjust your browser to reject cookies from us or from any other website/app. Additionally, by setting your web browser to display HTML emails as text only, you may be able to prevent the use of some web beacons. However, please note that certain areas of our sites can only be accessed in conjunction with cookies or similar devices.
How Bao Box will use your personal data
We collect your data to enable us to: provide a better user experience on our website/app, send you content that would be of interest to you through newsletters, to carry out promotion activities and to constantly build stronger marketing campaigns both online and offline based on customer needs and wants, improve our service through reservation and sales by dealing with enquiries or queries and booking process, pursuing leads through sales and events, provide customer service on-site at Bao Box by understanding and appreciating our repeat customers.
Will Bao Box use your personal data for marketing purposes?
Once we receive your data voluntarily, we will use your personal data for purposes of
1) Email marketing for sharing information on new products, events and venue openings relating to Bao Box and it’s sub-brands
2) Customer relationship management for both sales and marketing to provide customer service throughout your bookings process
Bao Box security measures for protecting your personal data
Complete security is not always possible on the Internet, however we assure you at Bao Box that we are very committed to protecting your data and have reasonable technical and organisational security measures to enable us to do this. These measures as in place to prevent accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we collect online. We are constantly evolving our technology and whilst we cannot always guarantee warrant the security of personal data, we are always improving our security in line with legal requirements.
How Bao Box will store your personal data?
We store all personal data locally. There will be times when we will need to transfer your data to central database systems located in United Kingdom, as we improve our booking process. Your information will not be stored for longer than is necessary for the purposed of described in this privacy policy.
Will Bao Box share your personal data with anyone else?
Bao Box may share your data between entities within Bao Box for operational purposes. By using our website/app and submitting your personal data, you agree for anyone working in Bao Box to access your data and use for the purposes as outlined in this privacy policy.
Your data may be shared with third parties who are providing a service to Bao Box. We may also provide anonymous or aggregate data with advertisers and business partnerships to understand customer trends and patterns, as well as maintaining our business relationships. As Bao Box continues to grow and expand, we may share your personal data with potential new partners, sponsors and brands that work in association with us, this is purely for your interest in our brand. Please note, we will not be selling your data to any third parties.
Third party sponsors and links from our website/app
From time to time we may have links on our website/app that direct your straight to third party website/apps and in which have their own privacy policies different to ours. We are not responsible for any data collected from these third party sites and their use.
Will Bao Box transfer your personal data out of the Kenya?
Your personal data will be stored and processed in Kenya. However, as Bao Box is looking to grow globally it may be necessary that we transfer personal data to international operations. Despite data protection and laws in other countries outside of the Republic of Kenya are differing, we will always take every reasonable measure to protect your privacy.
How you can find out about your personal data at Bao Box
Please email us on play@baobox.co.ke to see the personal data collected through this site that relates to you, to cancel it or to update your personal data.

Changes to this Privacy Policy
There may be occasions when we will need to update this privacy policy to reflect company initiatives, changes in the law or technology or changes in our practices regarding the collection and use of your personal data. Should there be any changes, we will update this page and changes will be allocated to the top of this page as well as highlighted in bold with the date of change. We will not be pursuing to use and disclose your personal data outside of what is outlined in this privacy policy without informing you and providing an opportunity to consent.

If any parts of this privacy policy is judged to be illegal, void or unenforceable due to applicable law [or by order of a court of competent jurisdiction] it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines that the substantive purpose of this privacy policy is then frustrated, in which case you may contact Bao Box at the above address in order to opt-out of the privacy policy.