Terms of Use: Streaming and Video

Terms of Use: Streaming and Video

  1. INTRODUCTION

These are the terms of use applicable to streaming videos on or via our site, and must be read with our general terms of use

In these terms, where we refer to “submit”, we refer to upload, live stream, submit and/or publish and when we refer to “videos” we mean videos, recordings and/or text which is submitted by organisers to be streamed by consumers. When we refer to an  “organiser” we refer to any video owner, creator, publisher or duly authorized promoter using our services to submit videos for consumers using our services to consume information about, as well as purchase tickets to stream such videos. 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 the videos. Rather, we provide a service, which allows organisers to manage ticketing and to promote their videos to be streamed by users on our site or on a third party site. Where organisers embed videos to be streamed through third party websites, they are responsible for ensuring that they adhere to the terms and conditions applicable to such third party site. Similarly, users must ensure that they comply with the terms and conditions applicable to streaming videos on or through third party sites.

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 Video

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

You must ensure that you have the requisite equipment (including a suitable device and access to internet with sufficient bandwidth) in order to stream video content. 

We do not guarantee the accuracy of video 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 video. Similarly, we do not control the video itself and we are not responsible for video contents. We do not vet videos prior to their submission, and we don’t verify the identity of the organiser. It is the organiser’s responsibility to ensure that the video submitted complies with all applicable terms of use. 

Quicket takes no responsibility and assumes no liability for any video content or for any loss or damage resulting therefrom. Quicket is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography, or profanity that may be included in a video. Your use of the Quicket streaming service is at your own risk. 

Quicket is not liable for any statements or representations included in videos. We do not endorse any video content, nor any opinion, recommendation, or advice expressed therein, and Quicket expressly disclaims any and all liability in connection with such content. 

Because all transactions are between the organiser and those streaming its video, Quicket asks that all consumers contact the applicable organiser if they are not satisfied with a video.

Cancellations and Refunds

Buying a Ticket

A user account will automatically be created for all consumers, which account is linked to the email address provided by the consumer. Please contact us if you would like your account deleted.

During the ticket booking process, 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 code required for access to the video will thereafter be delivered by email. If we do not receive payment in full for a ticket, any “confirmed” ticket purchase may be cancelled, and you will not receive your access code. 

Organisers may elect to protect access to a video to ticket holders. In such cases, consumers will need a ticket to access the content. The content will only be accessible by logging into a Quicket account which has a ticket associated for the content. A unique link is sent to the ticket holders. Upon delivery of the unique link via e-mail, the recipient is responsible for that link. We will not replace lost, destroyed or stolen links. It is not Quicket’s responsibility if you are unable to access a video because you accidentally sent your link to someone else or you did not keep your link or Quicket account details secure.

Paying for a 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 made 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 made internationally 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 elect 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 various 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. ORGANISERS

Organiser Responsibilities

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

Organisers are responsible for providing accurate video details and descriptions.

The organiser is solely liable for the content of videos submitted, including without limitation for any consequences that may occur as a result of the video submission. The organiser’s potential liability applies, for example, to any content that you include in a video submitted by the organiser, even if the organiser is not the creator of that content.

You must not submit any content that:

  • Infringes any third party’s copyrights or other rights (including trademark, privacy rights, etc.)

  • Is sexually explicit or proposes a transaction of a sexual nature

  • Is hateful, defamatory, or discriminatory, or incites hatred against any individual or group

  • Promotes or supports terror or hate groups

  • Exploits minors

  • Depicts unlawful acts or violence

  • Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms

  • Depicts animal cruelty or violence towards animals

  • Promotes fraudulent business schemes 

  • Makes false or misleading claims 

  • Conveys false or misleading health-related information 

  • Depicts or encourages self-harm

  • Violates any applicable law

  • Violates any of our terms of use

Curtailment

When conducting a streaming event, it is important that viewers get the best possible experience. Curtailing that experience reflects poorly on the organiser, but also on the Quicket platform, and may cause reputational damage to Quicket, which may in turn cause a loss of income. 


An event will be considered “curtailed” in any of the following circumstances:

  1. If a video starts more than half an hour outside of the times as advertised by the organiser on the Quicket platform.
  2. If any of the performers, speakers, or otherwise key individuals that are relevant to the event are not present during the event.
  3. If the broadcast or pre-recorded video is delayed or interrupted for a period of 30 minutes or longer.
  4. If there is a significant deviation from the advertised subject material.
  5. If the quality of the source of the broadcast or pre-recorded video content is lower than a 720p bitrate.
Where an event is curtailed due to any of the reasons listed above, Quicket reserves the right (but is not obliged) to take any or all of the following remedial steps to protect itself from reputational damage and loss of income:
  1. Quicket may send out an SMS to all registered ticket holders informing them of the curtailment. The organiser agrees that they will be liable to reimburse Quicket for the cost of the SMS, which is R0.50 (fifty cents only) per SMS.
  2. Quicket may display notice of the curtailment on the event listing and video pages on the Quicket platform.
  3. Notwithstanding the refund policy stipulated by the organiser, Quicket may, in its sole discretion, offer a refund to ticket holders whose funds will come from the ticketing funds collected by Quicket on behalf of the organiser, and for which any applicable refund fees will be charged by Quicket to the organiser.
What we Charge

Quicket charges a booking fee per ticket of no more than R5 per ticket, capped at R50 per transaction for events based in ZAR and this amount may be different for other currencies. Organisers can choose whether the booking fee is paid by the organiser or paid for by consumers as a surcharge on 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. The booking fee is VAT inclusive.

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 video being streamed.

Our booking fee is non-refundable in all instances. In circumstances where refunds are processed due to the cancellation, postponement, restriction or reduction of a video 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.

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

Warranties, Obligations and Acknowledgments

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

Quicket is not required to, but reserves the right to remove, screen, or edit any video submitted to our site at any time and without notice, including where video content violates any of our terms of use or any applicable law. Organisers are solely responsible for creating backup copies of and replacing any video content submitted to our site at the organiser’s sole cost and expense. 

You acknowledge the provisions of all applicable consumer laws. In South Africa, this includes the Consumer Protection Act (“CPA”). As the organiser of a video, 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 stream your video 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 video 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, 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 deliver the 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 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 any other applicable fees, within 3 business days of the video being streamed.  

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

Organisers may hire equipment from us, subject to availability. 

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

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

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.

Organisers can create promoter networks for their videos via our site. 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 video has ended. 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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