TERMS OF SUBSCRIPTION  

LAST UPDATE: FEB 01, 2024 

This Agreement constitutes a legally binding agreement between everyone who enrolls in our paid services (“Subscriber” or “Member” or “Membership”). If you are a subscriber, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.DO NOT CONTINUE USE OF THE OMESA’S PAID SERVICES, IF YOU DON’T AGREE TO ALL THE TERMS OF USE, PRIVACY POLICY AND CONDITIONS. KINDLY DO NOT CONTINUE THE USE OF WHOLLY AND/OR PART OF OUR SERVICES. 

We provide a personalized subscription service that allows our subscribed members to access content (“The Omesa’S Content” or “paid content”) over the Internet on certain Internet-connected computers and other devices ("Ready devices"). The paid service is provided to you by The Omesa’S. These policies govern your use of our paid service. As used in these policies, "paid service", "our service" or "the service" means the paid service provided by The Omesa’S for discovering and accessing The Omesa’S content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service. References to ‘you’ in these policies indicate the member who created the member account and whose payment method is charged. 

1.Membership 
 
1.1. Your membership will continue until terminated. To use the paid service, you must have Internet access and a ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see "Cancellation" below). 
 
1.2. We may offer a number of subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription by visiting the theomesas.com website and clicking on the "My subscription" link available at the top of the pages under your profile name. 
 

2.Promotional Offers. 

 We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by us at our sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members with an existing or recent membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Offer or in other communications made available to you. 
 

3.Billing and Cancellation 
 
3.1. Billing Cycle. The subscription fee for the paid service and any other charges you may incur in connection with your use of the paid service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed-up for the paid service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit theomesas.com website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. If you signed up for paid service using your account with a third party as a Payment Method, you can find the billing information about your subscription by visiting your account with the applicable third party. 
 
3.2. Payment Methods. To use the paid service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. 
 
3.3. Updating your Payment Methods. You can update your Payment Methods by going to the "My wallet" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). 
 
3.4. Cancellation. You can cancel your membership at any time, and you will continue to have access to the paid service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unused content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for our paid service using your account with a third party as a Payment Method and wish to cancel your  membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the paid service through that third party. 
 
3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect. 

4.The Omesa’S Paid Service 
 
4.1. You must be at least 18 years of age, or the age of majority in your province, territory or country, to become a member of the paid service. Minors may only use the service under the supervision of an adult. 
 
4.2. The paid service and any content accessed through the service are for your personal and non-commercial use only. During your membership we grant you a limited, non-exclusive, non-transferable right to access the paid service and The Omesa’S content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. 
 
 
4.3. The paid service, including the content library, is regularly updated and we may give you the opportunity to watch live or special events (including replays of such content) or to enjoy new additional features. Such content and new features may contain commercial breaks and other types of commercial messages. We do not endorse or sponsor any advertised products or services and any interactions with advertisers, including through engagement with interactive advertisements, are at your own option and risk. In addition, we continually test various aspects of our service, including our websites, user interfaces and promotional features.  

 
4.4. Some of the paid content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible.  
 
4.5. You agree to use the paid service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to: 

(i) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the paid service;  

(ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the paid service, including the graphical user interface, copyright notices, and trademarks;  

(iii) use any robot, spider, scraper or other automated means to access the paid service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the paid service;  

(iv) insert any code or product or manipulate the content of the paid service in any way; 

(v) use any data mining, data gathering or extraction method;  

(vi) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the paid service, including any software viruses or any other computer code, files or programs.  

We may terminate or restrict your use of our service if you violate these policies and/or you are engaged in illegal or fraudulent use of the service. 
 
4.6. The quality of the display of the paid content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching paid content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your ready device. 
 

5.Passwords and Account Access. 

 You are responsible for any activity that occurs through the member account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and to prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, The Omesa’S or our partners from identity theft or other fraudulent activity. 

6.Warranties and Limitations on Liability. 

THE NETFLIX SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OR CONDITION. IN PARTICULAR, OUR SERVICE MAY NOT BE UNINTERRUPTED OR ERROR-FREE. YOU WAIVE ALL SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES AGAINST US. THESE POLICIES WILL NOT LIMIT ANY NON-WAIVABLE WARRANTIES OR CONSUMER PROTECTION RIGHTS THAT YOU MAY BE ENTITLED TO UNDER THE MANDATORY LAWS OF YOUR COUNTRY OF RESIDENCE.FOR THE FULL WARRNTIES AND LIMITATION ON LIABILITY GO TO TERMS OF USE OF THE SITE (here). 

7.Dispute resolution 

Kindly visit the terms of use of the site for more information about dispute resolution. Click here 

8.Miscellaneous 
 
8.1. Governing Law. These policies shall be governed by and construed in accordance with the laws of Kenya. These policies will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. 
 
8.2. Unsolicited Materials. We do not accept unsolicited materials or ideas for our content and are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. 
 
8.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Help Center, which is accessible through the theomesas.com website. But customer support will be able to help you faster. In the event of any conflict between these policies and information provided by customer support or other portions of our websites, the website's terms of use and these policies will control. 
 
8.4. Survival. If any provision or provisions of these policies shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 
 
8.5. Changes to policies and assignment. We may, from time to time, change these policies. In case of material changes, we will notify you at least one month before such changes apply to you. If you do not wish to accept the changes, you can cancel your membership before they take effect. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer. 
 
8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.