Terms of Use: Events

Terms of Use: Events

  1. INTRODUCTION

These are the terms of use applicable to events and must be read with our general terms of use

In these terms, where we refer to an  “organiser” we refer to any event owner, organiser or duly authorized promoter using our services to create events displayed on our site for consumers using our services to consume information about, as well as attend the event. All organisers, consumers and third parties using our services are all referred to collectively as "users," "you" or "your”. Where we refer to “business days” we refer to all days except Saturdays, Sundays and public holidays in South Africa.

Quicket is not the creator, organiser or owner of events listed on the site. Rather, we provide a service, which allows organisers to manage ticketing and to promote their events.

Any dispute between a consumer and an organiser is between them only. Quicket may try to mediate, but ultimately it is the organiser's obligation to settle the dispute.

  1. TICKET HOLDERS

We are not the Event

Each ticket purchased via our site is subject to the event-specific rules, terms and conditions. These are set by the organiser. 

We do not guarantee the accuracy of event descriptions, and we do not determine or control ticket prices or their availability. We are not responsible for any inaccuracy, unavailability, cancellations or changes in pricing that may occur, nor for any cancellations or changes in the event

Because all transactions are between an organiser and its respective attendees, Quicket asks that all consumers contact the applicable organiser if they are not satisfied with an event.

Cancellations and Refunds

Consumers may cancel a ticket purchase at any time. In addition, events may be cancelled or postponed, whether by the event organiser, by operation of law, or any other circumstances. Similarly, organisers may reduce in extent or quantity or impose a restriction on events.

You must direct refund requests to the relevant organiser. 

Whether a consumer is entitled to a refund in the relevant circumstances will depend on the refund policy of the event, which refund policy is determined by the event organiser, and will be communicated to consumers during the ticket purchase process

Any refund of a ticket price will exclude the Quicket booking fee (if the organiser has elected to levy this charge onto the ticket price), and you will be responsible for any bank charges incurred in processing such refund. In addition, Quicket reserves the right to deduct its commission from the refund payable to you, if Quicket cannot reasonably recover such amount from the event organiser for whatever reason.

Despite an organiser’s refund policy, where suitable documentary proof can be provided in respect of a consumer that such person is not be able to attend an event because of such person’s death or hospitalisation, a full refund of the ticket price will be provided (less any bank charges, or Quicket booking fee levied on the price of the ticket), provided the cancellation notice is sent prior to the start of the event.

Refunds will be processed using the same method of payment that was used to purchase the tickets. 

No refunds are issued after an event has started.

Buying an Event Ticket

A user account will automatically be created for all consumers, which account is linked to the email address provided by the consumer. This allows, amongst other things, consumers to be able to access their event tickets at any time by logging into their Quicket account. Please contact us if you would like your account deleted.

During the ticket booking, consumers will be required to submit certain information. Please refer to our Privacy Policy regarding how we collect, store and process information. The information submitted with a booking request will be processed "as is". Please contact us if any information provided in a booking request is incorrect. It is your responsibility to make sure your information is correct.

Tickets purchased via our site are sold to, or made by, the owner of the account used to make the purchase, not to the owner of the credit card or bank account used to pay for the ticket.

A ticket purchase is not confirmed until we receive payment in full. The ticket will thereafter be delivered by email. If we do not receive payment in full for a ticket, any “confirmed” ticket purchase may be cancelled. 

You can only access an event with a copy of your e-ticket (clearly showing your name, unique reference number, barcode and/or access code). Upon delivery of the ticket via e-mail, the recipient is responsible for that ticket. We will not replace lost, destroyed or stolen tickets. It is not Quicket’s responsibility if a third-party gains access to an event because you accidentally sent your tickets to someone else or you did not keep your e-ticket or Quicket account details secure.

Paying for an Event Ticket

Our permitted payment methods will be set out during the payment process.

When you submit a ticket purchase, you authorize us to debit the ticket purchase price amount from the specified account. You warrant that you are duly authorized to give us this authority. You authorize us to pay any refunds into the same account that you used to purchase the tickets. 

If payment is made via electronic funds, or bank transfer, we cannot issue tickets to you until proof of payment is received. This proof of payment must be issued by the relevant bank and must clearly reflect our bank account details, the correct payment amount, and the correct reference number. 

Card payments for events in South Africa are processed via Peach Payments, an approved payment gateway for Nedbank South Africa. Peach Payments uses strict encryption, 256-bit AES. Users may go to http://peachpayments.com/ to view Peach Payments' security certificate and security policy.

Card payments for international events are processed via Stripe. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. All card numbers are encrypted with AES-256. Users may go to https://stripe.com/docs/security for more details on Stripe's security measures.

We don’t store any bank card details on our servers. These are stored with the relevant payment gateway providers if you opt to save your card details for future payments. If you choose to make payment via one of these payment gateways you do so at your own risk. 

Quicket transacts in various currencies depending on the location of the event, and other factors. We do not guarantee that we will be able to transact in any particular currency

Ticket prices are quoted inclusive of VAT, if applicable. 

If we suspect a fraudulent transaction, we may request any proof deemed necessary to determine the validity of the transaction. This proof includes, but is not limited to, proof of identification, proof of credit card and proof of address. 

If any charge-back claim occurs, it is the responsibility of the consumer to provide the organiser with all necessary documentation to resolve the claim. 

  1. EVENT ORGANISERS

Organiser Responsibilities

The organiser is solely responsible for ensuring that any page displaying an event on the site (and the event itself) meets all applicable local, provincial, national and other laws, rules and regulations, and that the goods and services or other information described on the event page are delivered as described and in an accurate, satisfactory manner.

Organisers are responsible for providing accurate event details and descriptions.

What we Charge

Quicket charges a booking fee per ticket of no more than R5 per ticket, capped at R50 per transaction for ZAR based events and this may vary for other currencies. Event organisers can choose whether the booking fee is paid by the event organiser or paid for by consumers as a surcharge on top of the ticket purchase price.

Quicket also deducts a 4.9% commission from total ticket sales when paying an organiser. 

VAT will be charged on the commission amount. VAT is included in the booking fee.

If an organiser collects ticket payments themselves, the organiser must pay us our booking fee and commission (plus VAT within 3 business days of the event.

Our booking fee is non-refundable in all instances. In circumstances where refunds are processed due to the cancellation, postponement, restriction or reduction of an event by the organiser, Quicket further reserves the right to retain, or claim payment of, our commission and charge the organiser a cancellation fee equal to the commission billable of the face value of all tickets refunded. In other words, once a ticket is sold, regardless of whether it is refunded, Quicket will charge the commission. Physical tickets are not refundable by Quicket, and the cost of issuing physical tickets by Quicket to the Organiser is non-refundable.

Refunds and Cancellations

Please note your legal obligations when it comes to your refund policy, in particular the Consumer Protection Act of South Africa. Organisers’ refund policy must be reasonable and organisers must refund consumers where they are legally obliged to do so. Organisers indemnify Quicket against any and all losses, including reputational losses, which Quicket may incur as a result of organisers not complying with their legal obligations regarding the refunding of consumers, including as a result of Quicket processing a refund where it is legally required to do so (or where Quicket reasonably considers it is legally required to process a refund), or where organisers fail to process refunds where they are legally obliged to do so.

Organisers irrevocably authorise Quicket to elect, in its reasonable discretion, where it deems that a refund is legally required, to itself refund consumers the face value of their tickets, on behalf of the organiser, where an event has been cancelled, postponed or restricted. Organisers will have no claim against Quicket for payment of the ticket price which was refunded by Quicket. 

If an event organiser elects to use a third-party payment system, the organiser is responsible for processing the refunds. Similarly, if the event organiser has already been paid the ticket proceeds by Quicket for whatever reason, the event organiser is responsible for processing the refunds.  

Warranties, Obligations and Acknowledgments

If you are an event organiser, you warrant that you are duly authorized to promote and sell tickets to the relevant event. You warrant that you are not infringing any intellectual property, or other rights, by staging the event and that the event will be conducted legally and in accordance with all applicable laws. Organisers indemnify Quicket fully for any loss we incur as a result of any of these acknowledgements being incorrect.

You acknowledge the provisions of all applicable consumer laws. In South Africa, this includes the Consumer Protection Act (“CPA”). As the organiser of an event, you are bound to comply with the provisions of the CPA when dealing with consumers. This includes the obligation to allow consumers a cooling-off period if they buy a ticket to your event as a result of a direct marketing communication e.g. an email advertisement, and includes a consumer’s rights to cancel advance bookings, subject only to a reasonable cancellation fee. 

Quicket acts as an organiser's limited agent solely for the purpose of collecting payments made by consumers of the services and passing such payments to the organiser. For convenience, we may show you a balance of proceeds for your event in your Quicket account profile, however, that balance merely reflects the amount of funds collected by us or our payment processing partners and this represents only a general unsecured claim against Quicket and not a store of value or a deposit/current account.

Although Quicket is not your agent, save in a limited sense as a collector of payments on your behalf, as Quicket is part of the broader supply chain for your event, consumers may look to Quicket to enforce their rights in terms of the CPA. Quicket will always direct the consumer to deal directly with the organiser. However, if an organiser does not adequately deal with a consumer complaint, and the consumer continues to approach Quicket for relief, Quicket will take legal advice, and take such action as it deems reasonable, and legally required, in order to resolve a consumer complaint. Organisers indemnify Quicket fully for any loss we incur as a result. We take consumer protection very seriously, and our organisers must respect this. 

Paying Organisers

Organisers agree that a payment made by a consumer that is processed by Quicket will be considered the same as a payment made by a consumer directly to the organiser and the organiser will sell or provide all advertised goods and services to the consumer as if the organiser had directly received the funds from such consumer, regardless of whether the funds have yet to be or are ever received from Quicket. Organisers agree that Quicket, in its role as limited payments agent, is authorized to (i) enable consumers to transfer or upgrade a ticket and/or registration (if such transfers are permitted by the organiser during the event registration process); (ii) hold, disburse and retain proceeds on the organiser's behalf subject to these terms; (iii) issue refunds to consumers as set out in these terms. In accepting appointment as the limited agent of an organiser, Quicket assumes no liability for any acts or omissions of the organiser and the organiser understands that Quicket’s obligation to pay the organiser is subject to and conditional upon the consumers’ actual payment of funds.

Quicket will use best endeavours to pay the ticket proceeds collected by us to the organiser, less our commission and service fee, within 3 business days of the event.  

We cannot guarantee that payments will be made timeously, as the processing of payments often depends on factors outside of our control, but we will do our best.

Quicket may withhold payment to the organiser until any equipment hired by the organiser from Quicket, if applicable, is returned in good working order and condition.

Liability and Indemnity

Organisers indemnify Quicket and hold us harmless for any claims instituted against Quicket by any user, where the cause of such claim is attributable to the actions, or failure to act, of the relevant organiser.

The Organiser indemnifies Quicket against any loss suffered or incurred by us due to a charge-back or refund claim being made against Quicket in respect of a ticket where Quicket has already paid the relevant ticket proceeds to the organiser. Quicket will be entitled to set-off the amount of any such liability from any payment due to the relevant organiser in future.

Where Quicket suffers any loss, including but not limited to reputational loss, as a result of the conduct of any organiser, including but not limited to the organiser's failure to comply with its legal obligations, including but not limited to, under relevant consumer protection laws, the organiser indemnifies Quicket fully for any such loss incurred by Quicket.

Hiring Equipment

Event organisers may hire ticketing equipment from us, subject to availability. 

We will set-off the rental amounts from any amounts we owe you in respect of ticket sales. 

Event organisers can collect equipment, or request Quicket to courier the equipment to them, at the event organiser’s cost. 

Event organisers are liable, at Quicket’s direction, to repair or replace damaged, lost or stolen equipment.

  1. THIRD PARTY TICKET VENDORS

Third party ticket vendors shall pay all money collected in respect of Quicket ticket sales (less the vendor’s agreed commission) to Quicket by way of electronic funds transfer without any set-off or deduction as per an agreed payment schedule. In the absence of an agreed payment schedule, payment shall be made every 14 days, with the final payment being made as soon as ticket sales close. 

Failure by a vendor to make payment on the due date may result in Quicket immediately cancelling the vending agreement, without prejudice to Quicket’s other rights in law, including the right to claim damages. Quicket may also delay payment to organisers of all funds already collected from the vendor, until such time as the vendor has settled the balance outstanding.

Quicket reserves the right to close or suspend ticket sales for a vendor at any time by written notice and the vendor will be liable to immediately pay Quicket all money collected in respect of Quicket ticket sales (less the vendor’s agreed commission).

Vendors will be liable for any issue of fraudulent tickets via their vending system.

Quicket is not liable for issuing refunds for tickets purchased at a vendor. This is the vendor’s responsibility.

  1. PROMOTIONAL TOOLS AND NETWORKS

Quicket offers a wide range of promotional tools. The use of these tools must be in line with our privacy policy, and anyone found using these tools for malicious purposes, or otherwise illegally, including without regard for data privacy, or for mass marketing and spamming, or selling data, will have their account suspended immediately. If a user suspects that someone has misused these tools, they must contact us immediately.

Event organisers can create promoter networks for their event via our site. Event organisers determine the commission payable to a promoter per ticket sold by that promoter. 

Quicket manages all payments to promoters and will do our best to pay out each promoter their total commission within 3 business days after the relevant event has finished. We cannot guarantee that payments will be made timeously, as the processing of payments often depends on factors outside of our control, but we will do our best. Quicket will deduct the total amount paid to promoters from the final balance owed to the organiser.

Quicket tracks all promoter sales using a cookie stored on a consumer’s browser. This cookie will last 30 days from the time it is set. Any ticket bought by a consumer after this time is not considered to be linked to the promoter, and the promoter will not receive commission for that ticket sale.

Quicket may remove anyone from a promoter network at any time if Quicket suspects any of the following, and that promoter will not receive any commission:

  • Cheating

  • Spamming (of any sort)

  • Unfair, or illegal, sales practices

  • Attempts to trick, evade, game, or adversely manipulate the Quicket system

  1. LIABILITY

Quicket will not be liable for any indirect, special or consequential losses of any kind whatsoever arising from, or in connection with any person’s use of any of our services.

Force Majeure” means, in relation to Quicket, any circumstances beyond the reasonable control of Quicket including (without limitation) any acts of war or public enemy, civil commotion or strife, political or civil disturbance, riot, insurrection, strikes, lock-out, interruption of transport, labour dispute, boycott, fire, explosion, flood, storm, infectious or contagious disease, epidemic, pandemic or natural or physical disaster, sabotage, terrorism, acts or omissions of any government, government agency, provincial or local or similar authority, laws or regulations or any acts of God or forces of nature. Quicket shall not be liable a result of any delays or failures of performance of its obligations if and to the extent that such delay or failure is caused by a Force Majeure event. 

 



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