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EZO RESTAURANT TERMS AND CONDITIONS

1. DEFINITIONS This section provides clarity on key terms used throughout these Terms and Conditions to avoid ambiguity.

1.1. “Agreement” collectively refers to these Terms and Conditions, together with any ancillary or supplemental documents, rules, policies, booking confirmations, notices, disclaimers, waivers, or instructions issued by the restaurant or its representatives at any time.

1.2. “Force Majeure” refers to any cause or event that is beyond the reasonable control of the restaurant, including but not limited to acts of God, pandemics, strikes, civil commotion, war, natural disasters, failure of utilities, government mandates, lockdowns, terrorism, cyber-attacks, or disruption of suppliers or third-party contractors.

1.3. “Guest” refers to any person who:  Makes a reservation with the restaurant, either directly or through a third party.  Accesses, visits, or stays on the Premises.  uses or consumes any product, service, amenity, facility, or utility offered by the restaurant;  is otherwise present at the Restaurant with or without express invitation.

1.4. “Premises” means the entirety of the physical property owned, leased, operated, or controlled by the restaurant, including but not limited to common areas, driveways, kitchen, stores, parking lots, and adjacent spaces, whether accessible to the public or not.

1.5. “Restaurant” means and included Ezo Restaurant, its subsidiaries, affiliates, successors, assigns, and all employees, agents, contractors, service providers, or any other persons acting under its authority or on its behalf.

1.6. “Services” include but are not limited to;  Food and beverage provision;  Event hosting;  Transportation, tours, and third-party services arranged or facilitated by the restaurant.

1.7. “Third Party Providers” are independent entities not directly employed by the restaurant that may offer services or goods on or off the Premises, either recommended, endorsed, facilitated, or introduced by the restaurant.

2. Contractual Acknowledgement

2.1. By reserving a table, attending an event, entering the Premises, using any facility or service, or interacting with Restaurant personnel, a Guest expressly acknowledges and agrees to be bound by the entirety of this Agreement. This Agreement is binding whether the Guest has read it or not.

2.2. Acceptance of these Terms may be implied through conduct, including but not limited to entering the Premises, making a payment, or using any Services, and shall be deemed a legally binding contract enforceable in accordance with Kenyan law.

2.3. Where the Guest books on behalf of another party (e.g. a group booking or corporate reservation), the primary Guest accepts these Terms on behalf of all Guests covered under the reservation.

2.4. The Restaurant reserves the right to revise or amend these Terms at any time, and such revised Terms shall take immediate effect upon publication on the Restaurant's official website or through any other formal communication channel.

3. LIMITATION OF LIABILITY

3.1. The Restaurant, to the fullest extent permissible by law, expressly disclaims all liability for any direct, indirect, incidental, special, consequential, exemplary, punitive or other losses, damages, injuries, delays, claims, or expenses of any kind, arising out of or in connection with:  Use or misuse of Restaurant facilities, Services, or amenities;  Theft, loss, misplacement, or damage of personal belongings or property;  Errors, delays, or service disruptions caused by third-party providers or utility failures;  Any circumstances or events of Force Majeure. 3.2. Guests are advised to procure personal insurance coverage, including travel, health, property, and accident insurance, as the Restaurant does not provide compensation for losses, injuries, or damages suffered during the stay. 3.3. In the unlikely event that liability is found to attach to the Restaurant, such liability shall in any case be strictly limited to the amount paid by the Guest for the specific Services giving rise to the claim. 4. INDEMNITY 4.1. The Guest agrees to indemnify, defend, and hold harmless the Restaurant, its employees, directors, officers, contractors, service providers, and affiliates from and against any and all claims, demands, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable legal fees), whether foreseeable or unforeseeable, arising from or related to: 4.1.1. Breach of this Agreement;  Negligent or intentional conduct by the Guest or their invitees;  Injury to any person or damage to property caused by the Guest while on the Premises;  Use or misuse of Services in a manner contrary to applicable laws or Restaurant rules; 4.1.2. Failure to comply with safety, hygiene, or conduct guidelines issued by the Restaurant. 4.2. This indemnity obligation shall survive the Guest's stay or use of the Restaurant's Services and continue in effect after departure. 5. RIGHT OF ADMISSION Absolute Discretion of Management 5.1. Ezo Restaurant expressly reserves the right, at all times and in its sole, unfettered discretion, to deny, refuse, suspend, restrict, or revoke admission, access, entry, use of services, or continued stay on the premises to any person, group, or entity, whether or not such person holds a confirmed booking or has partially or fully paid for services. No explanation, justification, or reason shall be required for the exercise of this right, unless otherwise mandated by a lawful court order or written legal obligation. 5.2. Grounds for Denial or Revocation of Admission 5.2.1. Without prejudice to Clause 5.1 above, Ezo restaurant may exercise its right of admission in any of the following non-exhaustive circumstances:  The individual displays disorderly, aggressive, abusive, offensive, intoxicated, or disruptive conduct;  The individual fails to comply with these Terms and Conditions, restaurant rules, applicable laws, or staff instructions;  There is a reasonable suspicion of criminal activity, including fraud, theft, harassment, drug use, or public disturbance;  The individual is deemed a threat to the safety, health, privacy, or wellbeing of staff, other guests, or the property itself;  The individual misrepresents their identity, booking details, or purpose for entry;  The individual is inappropriately dressed, fails to meet decorum standards, or violates any dress code expressly stated by Ezo restaurant;  The individual is a minor unaccompanied by a responsible adult or legal guardian, except as permitted by prior arrangement;  The individual is subject to a current ban, trespass notice, or blacklist, whether issued by Ezo restaurant or affiliated entities;  There is any other reason, in management's sole opinion, which justifies refusal in the interest of safety, reputation, legality, morality, or operational efficiency. 5.3. Refunds and Consequences Where admission is denied or revoked under this clause: 5.3.1. Ezo Restaurantshall not be liable to issue any refund, compensation, damages, or reimbursement, unless such denial is found by a competent court to have been unlawful and in breach of this Clause; 5.3.2. Guests acknowledge that any deposit or prepayment made shall be forfeited, in whole or in part, at the discretion of the management; 5.3.3. Guests or visitors removed under this clause shall have no right to return or rebook unless formally cleared in writing by the General Manager or an authorized officer. 5.4. Non-Discrimination Assurance The exercise of the right of admission shall be undertaken in good faith and without unlawful discrimination on the basis of race, religion, gender, age, nationality, disability, or other protected status, in compliance with the Constitution of Kenya, 2010, and all applicable anti-discrimination laws. 5.5. Authority and Enforcement All Ezo restaurant security personnel, supervisory staff, and management are hereby authorized to enforce this clause and to request identification, issue warnings, initiate removals, or notify law enforcement where necessary. Guests and visitors are required to comply immediately with all directions given in this regard. 5.6. Survival This Clause shall survive the termination of any guest booking, agreement, or visit, and shall apply retrospectively to any person who seeks to enter or re-enter the premises at any point thereafter. 6. BOOKINGS, PAYMENTS, AND CANCELLATIONS 6.1. Reservation Confirmation All bookings must be confirmed in writing via email or through the Restaurant's official reservation platforms. A booking is only deemed confirmed upon full or partial payment as required and receipt of a formal booking confirmation from the Restaurant. 6.2. Payment Terms 6.2.1. A deposit of Ksh 2,000 per person is charged for 5 or more guests. This amount can be used in full to cover food and beverage expenses during your visit. 6.2.2. The restaurant reserves the right to pre-authorize credit cards prior to arrival and to cancel bookings if payment is not received within the prescribed time. 6.3. Cancellation Policy 6.3.1. Cancellations must be made in writing and acknowledged in writing by the Restaurant. 6.3.2. The following cancellation fees apply unless otherwise stated in writing; a. If you cancel your booking more than 7 days in advance, we will refund 100% of the prepayment. b. Cancellations less than 7 days prior to the event: 20% of the total reservation amount will be deducted. c. Cancellations less than 72 hours prior to the event: 50% of the total reservation amount will be deducted. d. Cancellations made less than 24 hours before the event date or on the day of the event: 100% of the total booking amount will be deducted. 6.3.3. The cancellation fee reflects the cost incurred by Ezo Restaurant in terms of staffing, food, and any lost revenue as a result of turning away other potential bookings. 6.4. Non-Refundable Charges Advance deposits, promotional rates, and event-specific bookings are strictly nonrefundable. The Guest acknowledges that such offers are provided at discounted rates in exchange for a waiver of refund rights. 6.5. Force Majeure and Disruptions The Restaurant shall not be liable for any delays, rescheduling, or cancellations arising from Force Majeure events. In such cases, bookings may be rescheduled subject to availability, at the Restaurant's sole discretion. Refunds shall not be automatic. 7. ADMISSION 7.1. Right of Admission Reserved The Restaurant retains the absolute right to refuse admission, cancel reservations, or remove individuals from the Premises at any time for reasons including but not limited to disorderly conduct, health risks, non-compliance with these Terms, or security concerns. 7.2. Abandoned Property Items left behind shall be retained for 14 days and may thereafter be disposed of or donated at the Restaurant's discretion. The Restaurant shall not be liable for loss or damage to any such property. 8. BEHAVIOUR AND CODE OF CONDUCT 8.1. Purpose Ezo restaurant is committed to providing a peaceful, respectful, and safe environment for all guests, staff, and visitors. This Guest Behaviour and Code of Conduct Policy outlines the expected standards of behavior and etiquette, and defines actions that may result in removal, penalties, or refusal of services. 8.2. Expected Conduct All guests are expected to:  Conduct themselves with dignity, decorum, and mutual respect at all times.  Comply with all applicable laws, restaurant rules, posted notices, and staff instructions.  Respect the rights, privacy, and personal space of other guests, residents, staff, and service providers.  Maintain reasonable noise levels and refrain from disruptive behavior.  Dress appropriately.  Treat all property, furniture, furnishings, artworks, and amenities with care. 8.3. Prohibited Conduct The following behavior is strictly prohibited on the premises of Ezo Restaurant:  Illegal activities including possession or use of prohibited drugs, weapons, or stolen property.  Violent, abusive, or threatening behavior toward staff, guests, or third parties.  Discrimination or harassment based on race, gender, religion, disability, or other protected characteristics.  Vandalism or theft of Ezo property or property belonging to other guests or staff.  Unlawful gatherings, commercial activities, or unauthorized photography or filming.  Bringing in outside alcohol, dangerous goods, or pets without express permission from the restaurant. 8.4. Consequences of Misconduct 8.4.1. Any guest found in breach of this Code of Conduct may, at the sole discretion of the Management:  Be asked to immediately vacate the premises without refund.  Be held liable for any damages caused.  Be permanently barred from future entry to Ezo restaurant and its affiliates.  Be reported to law enforcement authorities or relevant regulatory bodies. 8.4.2. The restaurant reserves the right to retain CCTV footage or other forms of evidence for purposes of enforcing this policy or responding to official investigations. 8.5. Guest Responsibility for Minors Where guests are accompanied by minors, they shall be fully responsible for ensuring their behavior aligns with this Code. Minors must be supervised at all times, and use of Restaurant facilities by minors is subject to applicable age restrictions and parental discretion. 8.6. Right to Amend and Enforce Ezo restaurant reserves the right to interpret and apply this Code at its sole discretion and amend the provisions without prior notice. The Management's determination on any matter arising under this clause shall be final and binding. 9. SPECIAL REQUESTS AND ACCESSIBILITY 9.1. Overview Ezo restaurant endeavors to accommodate all reasonable special requests made by guests to enhance their comfort and experience. This includes, but is not limited to, dietary needs, accessibility and additional services. 9.2. Request Submission and Confirmation Guests are encouraged to communicate any special requests at the time of booking or placing order or at the earliest possible opportunity. All special requests are subject to availability and operational feasibility. Ezo restaurant does not guarantee the fulfillment of any special request unless explicitly confirmed in writing by the Management. 9.3. Non-Guarantee Clause The fulfillment of special requests, including but not limited to dietary preferences, is at the sole discretion of the restaurant and may be subject to additional fees or charges. Failure to meet any special request shall not be grounds for any claim, refund, or liability against the restaurant. 9.4. Accessibility 9.4.1. Ezo restaurant is committed to making reasonable adjustment for guests with disabilities to the extent possible, in compliance with applicable laws and regulations. Guests requiring accessibility features or special assistance must notify the restaurant at the time of reservation. 9.4.2. The restaurant will make best efforts to provide accessible facilities; however, certain accessibility features may be limited or unavailable due to structural or operational constraints. 9.4.3. Guests acknowledge and accept that full accessibility cannot always be guaranteed and that Ezo restaurant shall not be liable for any inconvenience or loss arising from inability to provide specific accessibility facilities. 9.5. Changes and Cancellations Any changes or cancellations of special requests must be communicated in writing at the earliest possible time. Ezo restaurant reserves the right to refuse or revoke special requests in case of non-compliance with these Terms and Conditions or if such requests interfere with normal operations or other guests' comfort. 9.6. Limitation of Liability Ezo restaurant shall not be held responsible or liable for any failure or delay in fulfilling special requests due to factors beyond its control, including but not limited to operational constraints, third-party service provider limitations, or emergency situations. 10. DAMAGE, LOSS, AND SECURITY 10.1. Damage to Property Guests shall be held financially liable for any damage caused to the restaurant’s property, whether accidental or intentional, including but not limited to furniture, fixtures, and décor. 10.2. Security Monitoring The Premises may be monitored by security personnel and/or surveillance systems for the safety of Guests, staff, and property. Guests consent to such monitoring for security and compliance purposes. 10.3. Theft or Loss Guests will be responsible for their items while dining at the restaurant. The restaurant assumes no responsibility for any lost, stolen, or damaged property belonging to Guests while dining at the restaurant, whether at the parking, or public areas. 11. THIRD-PARTY SERVICES AND LIMITATION OF RESPONSIBILITY 11.1. Third-Party Providers The Restaurant may refer or facilitate third-party services such as taxis, airport transfers, tour guides or event planners. These providers operate independently and are not agents or employees of the Restaurant. 11.2. No Warranty or Endorsement While the Restaurant may recommend or arrange such services, it provides no warranties, guarantees, or endorsements as to their quality, safety, legality, reliability, or fitness for purpose. 11.3. Guest Assumption of Risk Guests engage with third-party services at their own risk. The Restaurant disclaims any liability arising from delays, misrepresentations, injuries, property damage, or unsatisfactory services provided by third parties. 11.4. Event Bookings and External Vendors Where Guests or corporate clients engage external vendors for events, the Restaurant shall not be liable for vendor performance or event outcomes. All vendor coordination, licensing, compliance, and liability shall rest with the Guest. 11.5. No Agency Relationship Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between the Restaurant and any third-party provider, and no such inference shall be made. 12. EVENTS AND PRIVATE FUNCTIONS 12.1. Booking and Confirmation a. All event bookings must be confirmed in writing through a duly signed Event Agreement booking can only be confirmed upon payment of 50% deposit. A second 50% deposit is required 48 hours prior to the event. International credit cards are subject to an additional 3% surcharge. This deposit secures the date and venue and shall be forfeited in the event of cancellation, rescheduling, or no-show unless otherwise agreed in writing by the Restaurant. b. Restaurant reservations for private events include a 5% service charge on the total event cost. The service charge is payable in cash at the end of the event. c. The restaurant reserves the right to pre-authorize credit cards prior to arrival and to cancel the reservation if payment is not received by the stated deadline d. A guaranteed number of guests must be provided 24 business hours prior to the event, as we may not be able to accommodate unexpected additional guests. However, if this guarantee is not received by this time, you will be charged an amount equal to the original estimated number of guests if fewer guests arrive. 12.2. Changes and Cancellations a. Guests shall notify the Restaurant in writing of any changes or cancellations. Changes are subject to availability and management discretion. b. Cancellations must be made in writing and confirmed by the restaurant in writing. c. The following cancellation fees apply unless otherwise specified in writing: i. If you cancel your booking more than 7 days in advance, we will refund 100% of the prepayment. ii. Cancellations less than 7 days prior to the event: 20% of the total reservation amount will be deducted. iii. Cancellations less than 72 hours prior to the event: 50% of the total reservation amount will be deducted. iv. Cancellations made less than 24 hours before the event date or on the day of the event: 100% of the total booking amount will be deducted. d. The cancellation fee reflects the costs incurred by Ezo Restaurant for staffing, catering, and any lost revenue resulting from canceling other potential reservations. e. No refund shall be issued for non-performance due to force majeure events, including but not limited to pandemics, government orders, strikes, riots, terrorism, or acts of God. 12.3. Guest Conduct and Security Obligations The event organizer is fully responsible for the conduct and safety of all attendees and must ensure that no behavior occurs that may pose a nuisance, violate applicable laws, or endanger any person or property. The Restaurant reserves the right to immediately terminate any event without refund if conduct breaches public decency, Restaurant policy, or law. Organizers must hire security personnel at their own expense if required by the Restaurant. 12.4. Liability for Damage or Loss The Restaurant shall not be liable for any loss of or damage to equipment, merchandise, decorations, or other personal or commercial property brought into the venue by the organizer or any third party. Organizers shall be liable for all damages to the Restaurant premises, including but not limited to walls, floors, fixtures, and equipment, caused by the organizer, attendees, or their contractors. 12.5. Indemnity by Organizers Organizers agree to indemnify and hold harmless the Restaurant, its affiliates, employees, and agents from and against all claims, losses, damages, liabilities, costs, and legal fees (on a full indemnity basis) arising out of the event, including but not limited to personal injury, property damage, breach of law, nuisance, or non-performance. 13. FOOD AND BEVERAGE POLICY 13.1. Exclusive Catering by Restaurant To ensure the highest standards of hygiene and quality control, all food and beverage must be prepared and served by the Restaurant unless prior written approval is given. Any unauthorized external food or beverage brought into the Restaurant will be confiscated and disposed of without compensation. 13.2. Food Safety and Allergens While reasonable efforts shall be made to accommodate dietary preferences or allergies when requested in advance, the Restaurant accepts no liability for any adverse health outcomes resulting from the consumption of food or beverages, including allergic reactions. Guests are responsible for disclosing food allergies explicitly in writing at least seventy-two (72) hours prior to service. 13.3. Alcohol Consumption and Restrictions Alcohol shall only be served to guests over the age of 18 years and in compliance with licensing laws. The Restaurant reserves the right to deny service to intoxicated persons or remove any guest engaging in unruly or disruptive behavior. The Restaurant shall not be liable for any consequence arising from alcohol consumption on its premises. 13.4. Corkage and External Beverages Should the restaurant permit, in writing, the consumption of externally sourced beverages or food item including but not limited to cake for private functions, a corkage fee shall apply per item. The restaurant reserves the right to inspect, limit, or deny the quantity and type of beverages brought onto the premises. 13.5. Spoilage, Storage, and Contamination The Restaurant shall not be held liable for food or beverages brought by Guests that become spoiled, contaminated, or unfit for consumption, whether stored on-site or not. The Guest assumes all risk and liability associated with such food items, and waives any right to claim loss, illness, or damage thereof. 14. PHOTOGRAPHY, MEDIA, AND INTELLECTUAL PROPERTY 14.1. Personal and Recreational Use Guests may take personal photographs at the Restaurant provided they do not cause inconvenience, intrude upon the privacy of other guests, or disrupt Restaurant operations. Use of selfie sticks, tripods, or artificial lighting must be approved in advance by the restaurant. 14.2. Commercial Photography and Media Production Photography, videography, filming, or audio recording for commercial, journalistic, influencer, or documentary purposes is strictly prohibited without express written authorization from the Restaurant. Unauthorized commercial use of the Restaurant's image, brand, or facilities may result in legal action. 14.3. Copyright and Trademark Protection All logos, slogans, photographs, and branding of Ezo restaurant are the intellectual property of the Restaurant or its licensors and may not be used, copied, distributed, or reproduced without written permission. Unauthorized use shall result in civil and/or criminal liability. 14.4. Consent to Use Guest Likeness By entering the premises, guests consent to the use of their image, likeness, and voice in any promotional or internal material produced by the Restaurant, unless such consent is withdrawn in writing before such material is published. The Restaurant disclaims liability for third-party recordings. 14.5. Prohibited Areas and Privacy Zones No photography or video recording is permitted in private or sensitive areas such as the Moyo casino area, or other prohibited zones. Any breach may lead to immediate eviction, legal proceedings, and police reporting. 15. LIABILITY, DISCLAIMERS, AND INDEMNITY 15.1. Restaurant Liability Disclaimer To the fullest extent permitted by law, the Restaurant and its affiliates, owners, officers, and employees shall not be liable for any loss, damage, death, personal injury, illness, or expense suffered by any guest or third party, regardless of how it arises, whether due to negligence, breach of duty, or otherwise. 15.2. No Guarantees or Warranties The Restaurant disclaims all warranties, representations, or guarantees, express or implied, including but not limited to the suitability, availability, security, fitness for a particular purpose, or uninterrupted use of the facilities, services, or website. 15.3. Assumption of Risk Guests acknowledge and agree that the use of Restaurant premises, participation in activities, consumption of food or beverages, and use of facilities are undertaken entirely at their own risk. This includes risk of theft, injury, allergic reaction, or loss. 15.4. Exclusion of Indirect and Consequential Losses The Restaurant shall not be liable for any indirect, special, punitive, exemplary, or consequential damages of any kind, including but not limited to loss of data, loss of income, loss of reputation, mental anguish, or business interruption. 15.5. Indemnity by Guest The Guest shall indemnify and keep indemnified the Restaurant against any claim, demand, proceeding, loss, liability, cost, or expense (including full legal fees) arising from their actions or omissions, including damage to property, breach of law, breach of contract, or harm to third parties. 16. GOVERNING LAW AND DISPUTE RESOLUTION 16.1. Applicable Law These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya, including statutes, judicial precedent, and regulatory frameworks governing hospitality, health, and contract law. 16.2. Exclusive Jurisdiction The courts of Kenya shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, and no other forum shall be competent to adjudicate any such matters. 16.3. Severability and Survival If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any obligations or rights that by their nature survive termination (e.g., indemnities, liability exclusions) shall continue to apply. 17. FORCE MAJEURE 17.1. Definition and Scope For the purposes of these Terms and Conditions, a "Force Majeure Event" shall mean any event or circumstance beyond the reasonable control of Ezo restaurant, whether or not foreseeable or anticipated, which renders it impossible, impracticable, or materially hinders Ezo restaurant's ability to perform its obligations under these Terms and Conditions, including but not limited to:  Acts of God (such as flood, drought, earthquake, fire, or other natural disaster);  Epidemics, pandemics, public health crises, or outbreaks of communicable disease (including restrictions or regulations arising therefrom);  War, threat of or preparation for war, armed conflict, imposition of sanctions, embargoes, or breaking off of diplomatic relations;  Acts of terrorism, sabotage, civil unrest, riot, protest, or threat of such occurrences;  Governmental orders, laws, decrees, restrictions, regulations, travel bans, or curfews;  Strikes, lock-outs, labor disputes, or industrial actions;  Failure or interruption of utilities, transportation systems, or essential infrastructure;  Cyber-attacks, data breaches, ransomware attacks, or critical IT systems failure;  Any other cause or circumstance reasonably beyond Ezo restaurant's control. 17.2. Effect of Force Majeure In the event of a Force Majeure Event:  Ezo restaurant shall be relieved of its obligations to the extent and for the duration that performance is prevented, hindered, or delayed;  Ezo restaurant shall not be held liable for any failure to deliver services, delays, changes to bookings, or termination of services that arise directly or indirectly due to the Force Majeure Event;  Any payments made in advance may be retained as non-refundable to cover administrative, preparatory, or operational costs already incurred;  Guests shall not be entitled to claim any form of damages, compensation, refund, or legal remedy arising out of such non-performance. 18. MINORS AND VULNERABLE PERSONS 18.1. Admission of Minors Guests under the age of eighteen (18) years must be accompanied by a parent or legal guardian who shall assume full responsibility for the minor's conduct, welfare, and use of the facilities. The Restaurant reserves the right to request proof of age and/or guardianship. 18.2. Limitation on Facilities Access The Restaurant reserves the right to restrict access of minors to certain facilities for safety, licensing, or operational reasons. 18.3. Liability for Injuries or Incidents The Restaurant shall not be held liable for any injury, accident, illness, or loss affecting minors or other vulnerable guests resulting from negligence on the part of guardians, misuse of facilities, failure to supervise, or violation of Restaurant policies. 18.4. Duty of Care While the Restaurant exercises reasonable care in all operations, Guests acknowledge that the Restaurant is not a care facility and does not assume any custodial responsibility over minors or dependent persons on the premises. 19. WEBSITE TERMS OF USE AND ONLINE BOOKING DISCLAIMER 19.1. Acceptance of Terms By accessing and using the Ezo restaurant website, including but not limited to browsing, making reservations, making inquiries, or interacting with content, users agree to comply fully with these Terms of Use. Use of the Website constitutes acceptance of these Terms, whether or not a booking is completed. 19.2. Website Use and Eligibility The Website is intended solely for users who are at least 18 years old or have the legal capacity to form binding contracts under Kenyan law. By using the Website, you represent and warrant that you meet this eligibility requirement. Ezo restaurant reserves the right to refuse service, terminate accounts, or cancel bookings at its discretion. 19.3. Online Booking and Confirmation 19.3.1. All bookings made through the Website are subject to availability and acceptance by Ezo restaurant. 19.3.2. Bookings are provisional until a confirmation email or other written confirmation is sent by Ezo restaurant, which constitutes the binding contract. 19.3.3. Ezo restaurant reserves the right to refuse or cancel any booking due to errors, fraud, or suspicion thereof, incomplete information, or failure to comply with its policies. 19.4. Pricing and Payment All prices displayed on the Website are subject to change without notice until the booking is confirmed. Taxes, fees, and other charges may apply and are the responsibility of the guest. 19.5. User Account and Security Users may be required to create an account to access certain features of the Website. Users are responsible for maintaining the confidentiality of their account login details and for all activities that occur under their account. Ezo restaurant shall not be liable for any loss or damage arising from unauthorized use of user accounts. 20. PARKING, TRANSPORT, AND VEHICLE DISCLAIMER 20.1. Parking at Owner’s Risk The Restaurant provides on-site parking. Use of the Restaurant's parking facilities is entirely at the Guest's risk. The Restaurant shall not be liable for theft, damage, loss, or vandalism to any vehicle or its contents. 20.2. Third-Party Transport Services Transport services (e.g., taxi, shuttle, tour vans) arranged through the Restaurant are provided by independent contractors. The Restaurant does not endorse, supervise, or assume liability for any services rendered by such third parties. Guests use these services at their own risk. 20.3. Guest Responsibility Guests are responsible for securing their own vehicles, including locking doors, activating alarms, and avoiding leaving valuables in plain view. The Restaurant assumes no duty to monitor or patrol the parking areas beyond general surveillance. 21. LOST AND FOUND POLICY 21.1. Reporting and Collection Guests must report lost or misplaced items to the Restaurant immediately. Found items are logged and retained by the Restaurant for a period of thirty (30) days, after which they may be disposed of, donated, or destroyed without further liability. 21.2. No Guarantee of Recovery The Restaurant makes no warranties or representations regarding the recovery or safekeeping of lost property and shall not be liable for any damage to or loss of personal items, including money, jewelry, electronics, or sensitive documents. 21.3. Verification Prior to Release Items claimed must be adequately described and may only be released to the rightful owner upon satisfactory identification and proof of ownership. The Restaurant may require photographic ID and written acknowledgment of receipt. 21.4. Mailing of Items If requested, lost items may be mailed to the owner at their cost and risk. The Restaurant is not responsible for any loss or damage occurring during shipping or delivery, and shall not bear any liability for errors made by courier services. 21.5. Exclusion of Liability The Restaurant disclaims all liability for any loss or theft of items left in rooms, public areas, conference halls, restaurants, or vehicles. Guests are advised to use in-room safes for valuables and to exercise due diligence. 22. SURVEILLANCE, PRIVACY, AND SECURITY 22.1. Purpose of CCTV Surveillance Ezo restaurant operates Closed-Circuit Television (CCTV) and related surveillance systems throughout the premises for the sole and legitimate purposes of enhancing the safety and security of guests, staff, property, and assets; preventing and detecting criminal activity; monitoring service quality; and managing emergencies and incidents. 22.2. Scope of Coverage Surveillance cameras may be installed in public areas including main entrance and exit points, lobby and reception. 22.3. Legal Basis and Compliance The operation of CCTV systems is conducted in accordance with the Data Protection Act, 2019 (Kenya), the Constitution of Kenya, 2010, and any applicable regulations issued by the Office of the Data Protection Commissioner (ODPC). CCTV footage is considered personal data and is treated with strict confidentiality in accordance with the law. 22.4. Signage and Notification Clear, visible signage is installed at strategic locations within the Ezo restaurant premises, notifying guests, visitors, contractors, and staff that CCTV surveillance is in operation. Entry onto the premises constitutes deemed consent to reasonable surveillance as per this policy. 22.5. Data Collection and Storage CCTV footage is recorded on a continuous basis and stored securely on encrypted, accesscontrolled servers. The footage shall be retained for a period not exceeding 90 days, unless extended for a legitimate reason such as an investigation, legal claim, or court order. Access to stored footage is strictly limited to authorized personnel including security managers and senior management. 23. ANIMALS AND PET POLICY No pets or animals are allowed on the premises. 24. OUTSOURCED VENDORS 24.1. Referral and Booking The Restaurant may, upon request or for convenience, refer or assist guests in booking services offered by third-party. 24.2. No Endorsement or Agency Relationship Unless expressly stated in writing, the Restaurant does not endorse, supervise, or control thirdparty service providers and shall not be deemed to act as their agent, principal, or guarantor in any way. 24.3. Guest Assumption of Risk Guests use third-party services entirely at their own risk. The Restaurant disclaims all responsibility for loss, injury, dissatisfaction, delay, or breach of service caused by or resulting from interactions with such providers. 24.4. Independent Terms and Conditions Third-party providers may operate under their own service agreements or liability policies, and guests are responsible for familiarizing themselves with such terms before proceeding. 24.5. Indemnity Guests agree to indemnify and hold harmless the Restaurant from any claim, cost, loss, or damage arising from or related to their engagement with third-party service providers, even if the Restaurant facilitated or recommended such service. 25. HEALTH AND SAFETY 25.1. Guest Obligation to Comply All guests are required to observe health and safety policies as implemented by the Restaurant from time to time, including compliance with emergency instructions, safety signage, sanitation protocols, and evacuation procedures. 25.2. Fire Safety and Hazardous Materials The possession, use, or storage of flammable, explosive, corrosive, toxic, or otherwise hazardous materials is strictly prohibited. 25.3. Emergency Response In the event of an emergency (including medical situations, fire, or criminal activity), the Restaurant may take any reasonable action it deems necessary to protect life, safety, and property, including but not limited to contacting authorities or evacuating guests. 25.4. Medical Assistance The Restaurant may, but is not obligated to, provide access to first-aid or call for medical assistance upon request. All costs and liabilities arising from medical treatment or transport shall be borne solely by the Guest. 25.5. Disclaimer of Liability The Restaurant shall not be liable for any injury, illness, loss, or death resulting from failure to comply with health and safety guidelines, negligent behavior, pre-existing medical conditions, or circumstances beyond the Restaurant's control. 26. DISPUTE RESOLUTION 26.1. Good Faith Negotiations In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the Parties shall first seek to resolve such Dispute amicably through good faith negotiations. The aggrieved Party shall notify the other Party in writing of the nature and particulars of the Dispute, and the Parties shall use their best efforts to meet within forty-five (45) working days of such notice to attempt an informal resolution. 26.2. Mediation If the Dispute remains unresolved for more than ninety (90) working days following the commencement of negotiations, either Party may request that the matter be referred to mediation. The mediation shall be conducted under the Mediation Rules of the Chartered Institute of Arbitrators (CIArb), Kenya Branch, or such other institution as agreed by the Parties in writing. 26.3. Final and Binding Arbitration If the Dispute is not resolved through mediation within forty-five (45) calendar days after the conclusion of the mediation process, it shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the London Court of International Arbitration (LCIA). The seat of arbitration shall be London, United Kingdom. The arbitration tribunal shall consist of a sole arbitrator, and the language of the arbitration shall be English. 26.4. Confidentiality All communications, documentation, negotiations, and proceedings in connection with any Dispute resolution process under this Clause shall be treated as strictly confidential by the Parties and their representatives. Neither Party shall make any public announcement or disclose the existence, nature, or outcome of the Dispute, except as required by law or with the written consent of the other Party. 27. INTELLECTUAL PROPERTY 27.1. Ownership and Reservation of Rights All intellectual property rights of any kind whatsoever, whether registered or unregistered, arising in or related to Ezo restaurant, including but not limited to trademarks, trade names, service marks, business names, logos, slogans, domain names, trade dress, copyrighted material, layout, concepts, and any proprietary systems, software, applications, audio-visual elements, and social media content, are and shall remain the sole and exclusive property of Ezo restaurant and/or its licensors, affiliates, partners, or content providers. 27.2. No Transfer or License Implied Nothing in these Terms and Conditions or through any interaction, use, or access by guests or third parties shall be construed as granting, by implication, estoppel, or otherwise, any right, title, interest, license, or permission to use, copy, reproduce, modify, exploit, or distribute any Ezo restaurant IP for any purpose whatsoever without the prior written consent of Ezo restaurant. 27.3. Use Restrictions Guests and third parties are expressly prohibited from:  Using Ezo restaurant IP for commercial purposes, resale, advertising, marketing, or promotional activities;  Copying or reproducing any images or content from Ezo restaurant's premises, website, or promotional materials for republication, digital sharing, or derivative work;  Hosting, uploading, or transmitting any Ezo restaurant IP on third-party platforms, websites, or databases;  Reverse engineering, decompiling, tampering with, or otherwise interfering with any systems, software, applications, or media owned by Ezo restaurant;  Creating any impressions, marks, or references that suggest a false association, endorsement, sponsorship, or affiliation with Ezo restaurant. 28. MARKETING AND PROMOTIONS POLICY 28.1. General Promotional Rights Ezo restaurant reserves the right to market, promote, and advertise its services, amenities, events, packages, and offers through any lawful media, platform, or marketing channel, including but not limited to its website, social media platforms, print publications, radio, television, email newsletters, and affiliate websites. 28.2. Promotional Offers and Discounts From time to time, Ezo restaurant may run promotional campaigns, discount offers, giveaways, referral rewards, or loyalty programs, either independently or in collaboration with third parties. The terms, availability, eligibility, and duration of such promotional offerings shall be determined solely by Ezo restaurant and may be modified, suspended, or terminated without prior notice. 28.3. No Retroactive Application Guests acknowledge that promotional offers and discounts are applicable only at the time of booking and are not subject to retroactive application. No refund, price adjustment, or credit shall be issued in respect of any promotion that was announced after a guest made their booking or payment. 29. SEVERABILITY 29.1. Independent Validity of Provisions Each provision, term, clause, sub-clause, paragraph, and sentence contained in these Terms and Conditions shall be construed as independent and severable from the others to the fullest extent permitted by law. The illegality, invalidity, or unenforceability of any one provision (or part thereof) shall not affect the legality, validity, or enforceability of the remaining provisions or any part thereof, which shall continue in full force and effect. Application of Severability 29.2. In the event that any court of competent jurisdiction, arbitral tribunal, or regulatory authority determines that any provision of these Terms and Conditions is unlawful, void, invalid, ultra vires, unconscionable, ambiguous, impossible to perform, or otherwise unenforceable for any reason whatsoever, such provision shall be deemed to be severed from these Terms and Conditions to the minimum extent necessary to render the remainder of the document valid, enforceable, and operative. 30. AMENDMENT AND INTERPRETATION 30.1. Right to Amend The Restaurant reserves the unilateral right to amend, modify, update, or revise these Terms and Conditions at any time and without prior notice. Continued use of the premises, facilities, or services after such amendment constitutes acceptance of the revised terms. 30.2. Availability of Terms The most current version of these Terms and Conditions shall be accessible at the Restaurant's reception desk and/or published on the official website. Guests are responsible for reviewing the current Terms. 30.3. Interpretation Clause In the event of ambiguity or inconsistency, the interpretation most favorable to the Restaurant shall prevail. Headings are for reference only and do not affect the construction of these Terms. 30.4. No Waiver Failure by the Restaurant to enforce any provision shall not constitute a waiver of such provision or of the right to enforce it at any future time. Any waiver must be in writing and signed by an authorized representative of the Restaurant. 30.5. Entire Agreement These Terms and Conditions constitute the entire agreement between the Guest and the Restaurant and supersede all prior or contemporaneous understandings, whether oral or written, relating to the subject matter herein. No oral representations or statements shall be binding unless confirmed in writing by authorized Restaurant management. These terms and conditions are governed by the laws of Kenya and are subject to the exclusive jurisdiction of Kenyan courts.