1. About these terms
These terms are an agreement between Mackelpas Nigeria Limited (RC 1330755), which operates tixandvotes (“tixandvotes”, “we”, “us”), and you, the person or organisation that creates an organizer account (“you”, the “Organizer”).
You must tick the box confirming that you have read and agree to these terms before an organizer account is created, including when you sign up with Google. We record the version you accepted and when. If you do not agree, do not create an account.
Voters accept the separate voter terms before they pay, and partners accept the separate partner terms. How we handle personal data is set out in our privacy policy.
2. Definitions
- Event: an occasion you run on the platform, such as an awards night.
- Competition: one paid vote within an Event. Each award category is its own Competition, with its own contestants, vote price, vote limit, results and money.
- Vote Price: the amount per vote that you set for a Competition.
- Vote Money: the number of paid votes multiplied by the Vote Price. It excludes payment processing fees.
- Commission: our share of Vote Money.
- Unlock Fee: the one-time fee that unlocks your account so you can create Competitions.
- Payment Provider: Paystack, or any provider we use instead, which processes payments, splits and payouts.
3. Your account
- You must be at least 18 years old, or a legally registered organisation acting through an authorised representative.
- The information you give us must be true, complete and kept up to date. You must verify your email address before you can log in.
- Your registered name must match your payout bank account exactly. Register with your full name or registered business name exactly as it appears on your bank account. If the bank account name returned by the Payment Provider does not match, payouts cannot be set up.
- You are responsible for everything done through your account and for keeping your login details secure. Tell us immediately at hello@tixandvotes.com if you suspect someone else has used it.
- One login may hold more than one role (for example organizer and partner). Each role is governed by the terms for that role.
4. Unlock Fee
- Creating an account is free. Before you can create a Competition you must pay the Unlock Fee, currently ₦10,000.00. It is paid once and unlocks unlimited Competitions on that account.
- The Unlock Fee is non-refundable, including if you never create a Competition, if a Competition raises little or nothing, or if your account is suspended or terminated.
- We may, at our discretion, waive the Unlock Fee or accept a coupon in its place. Coupons have no cash value, cannot be exchanged, and may be limited in use, expire, or be withdrawn by us at any time. Withdrawing a coupon does not re-lock an account it already unlocked.
5. Running a Competition
- Every Competition must have a start date, an end date, at least one contestant, a Vote Price, and a maximum number of votes per transaction. You choose that maximum, up to our limit of 10,000 votes.
- You may change the Vote Price until the first paid vote is made. After the first paid vote, the Vote Price cannot be changed.
- Before voting opens you may change both the start and end dates. Once voting has opened, the start date is fixed. You may move the end date earlier, to a later day than the day you make the change, or end voting at once; ending voting early cannot be undone.
- You may extend a live Competition's end date 1 time(s) for free. Each further extension costs ₦5,000, paid before it takes effect, and is not refunded once applied. The new end date is shown publicly. A closed Competition cannot be reopened; create a new one instead.
- A payment started before a Competition ends still counts if it completes within 60 minutes after the end.
- You can show results publicly or keep them private to you. Results are based only on completed, confirmed payments.
- Competitions go live without prior approval once your account is unlocked. We may review any Competition at any time.
- Inactive Competitions. If a Competition receives no paid vote within 36 hours after its start date, we may flag it and notify you. If it still receives none within a further 36 hours, we may archive it. A Competition that has received paid votes is not removed for inactivity.
6. Your responsibilities to contestants and voters
You alone are responsible for each Competition you run, including:
- its rules, eligibility, judging (if any), how results are used, and any prize, award or benefit you promise, and delivering them;
- having the consent of every contestant to appear, and the right to use their names, photos and other details; for contestants under 18, the consent of a parent or guardian;
- everything you say to contestants, voters and the public about the Competition;
- complying with all laws that apply to you and your Competition, including any permit, tax or regulatory requirement. A paid vote is a payment to support a contestant; you must not run a Competition as a lottery, betting or gaming scheme.
We provide the technology and payment flow. We are not the organiser, promoter or judge of any Competition, and we do not guarantee any outcome, prize or result.
7. Fees and payments
- We keep a Commission of 10% of all Vote Money. The rest of the Vote Money is yours.
- Voters pay the Payment Provider's processing fee on top of the Vote Price, so it does not reduce your share.
- Vote payments are split by the Payment Provider at the time of payment, and your share is paid to your verified bank account on the Payment Provider's settlement schedule (usually the next business day). We do not hold your share and there is no withdrawal step. Settlement timing is controlled by the Payment Provider and its terms.
- You are responsible for any tax on the money you receive.
8. Refunds, chargebacks and recovery
- Votes are final. Votes are not refunded because a voter changes their mind or a contestant does not win.
- If a voter is charged but their votes are not counted, we credit the votes once the payment is confirmed.
- Duplicate or incorrect charges are refunded through the Payment Provider. Because your share may already have been paid to you, we may pay the refund first.
- If a voter disputes a payment with their bank (a chargeback), we will respond with the evidence we hold. You must give us any information we ask for promptly, as the deadline to respond can be very short.
- You must repay us your share of any refunded payment and of any chargeback that is lost, together with any chargeback or dispute fee charged to us. We may recover these amounts by deducting them from money due to you, by holding your unsettled funds with the Payment Provider, or by invoicing you, and you agree to pay any invoice within 7 days.
9. Things you must not do
- create fake, misleading or deceptive Competitions, including ones for prizes or events that do not exist, or impersonate another person, organiser or brand;
- manipulate votes, including voting with stolen, fraudulent or unauthorised payment methods, using bots or scripts, or arranging for votes to be paid back to voters;
- use the platform for fraud, money laundering, illegal gambling or any unlawful purpose;
- upload content that is unlawful, hateful, sexually explicit, or that infringes anyone else's rights;
- use payout details that are not your own or do not match your registered name;
- attempt to interfere with, overload, scrape, or bypass the security of the platform.
10. How we protect the platform
If we reasonably believe that you or a Competition has broken these terms or the law, that a payment is fraudulent or disputed, or if the Payment Provider, a regulator or law enforcement requires it, we may, without prior notice:
- warn you;
- pause a Competition, so that voting stops and the page says it is paused;
- remove a Competition from public view (we keep its records);
- freeze payouts, which means stopping new payments to your Competitions and holding any of your money that the Payment Provider has not yet settled to you;
- suspend or terminate your account.
We will tell you the reason and how to appeal to hello@tixandvotes.com. Money already settled to your bank cannot be reversed by a freeze, but it remains subject to section 8.
11. Your content and our platform
- You keep ownership of the content you upload (banners, contestant photos, descriptions). You give us a non-exclusive, royalty-free licence to host, display, resize and share it to run and promote your Competition, including on social media.
- The platform, its software, name, logo and design belong to us.
12. Personal data
We process personal data (such as names, email addresses, bank account details and payment records) to run the platform, verify accounts, process payments, prevent fraud and meet legal obligations, in line with applicable Nigerian data protection law, including the Nigeria Data Protection Act 2023. You must only upload personal data about contestants that you are allowed to share.
13. Availability and liability
- The platform is provided “as is”. We work to keep it available, including during busy voting periods, but we do not promise that it will be uninterrupted, error-free, or available at any particular time.
- We are not responsible for the acts or failures of the Payment Provider, banks or networks, or for delays in settlement.
- To the extent the law allows, we are not liable for any indirect or consequential loss, or for loss of profit, revenue, reputation or opportunity, and our total liability to you for all claims is limited to the Commission and fees we received from your account in the 3 months before the claim arose.
- You will compensate us for any claim, loss, fine or cost (including reasonable legal fees) arising from your Competitions, your prizes, your content, your dealings with contestants and voters, or your breach of these terms.
14. Changes to these terms
We may update these terms at any time. This includes the Commission, the Unlock Fee, partner payments, limits, timings and any other value or rule described here. Changes apply to Competitions published after the change and never alter a live Competition's commission. We will give 14 days notice of fee changes by email or in the app. Continuing to use the platform after a change means you accept it.
15. Ending your account
You may stop using the platform at any time. Ending your account does not cancel amounts you owe us, votes already paid for, or our right to recover amounts under section 8. We may end your account under section 10.
16. Law and disputes
These terms are governed by the laws of the Federal Republic of Nigeria. If a dispute arises, we will first try to resolve it by negotiation. If it is not resolved within 30 days, either side may refer it to arbitration in Lagos under the Arbitration and Mediation Act 2023.
17. Contact
Mackelpas Nigeria Limited. Email: hello@tixandvotes.com.