Terms of Use: Subscriptions

Terms of Use: Subscriptions

1. INTRODUCTION

These are the terms of use applicable to subscriptions and recurring payments made via the Quicket site and must be read with our general terms of use, as well as all other terms of use applicable to your use of the Quicket services. 

In these terms, where we refer to an “organiser” we refer to any organiser using our services to create a page displayed on our site for consumers using our services to consume information about, and through which consumers can subscribe to various offerings or otherwise contribute to the organiser, on a recurring basis. 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 subscription packages listed on our site. Rather, we provide a service, which allows organisers to manage the collection of recurring payments from consumers and to promote their subscriptions and/or brands.

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.

2. SUBSCRIBERS

We are not the Organiser

Subscriptions are subject to specific rules, terms and conditions. These are set by the organiser. Before you subscribe to a subscription model or otherwise agree to any recurring payments, you must read and understand the specific rules, terms and conditions applicable. We do not guarantee the accuracy of page descriptions, and we do not determine or control payment options, nor the availability of any products or services. We are not responsible for any inaccuracy, unavailability, cancellations or changes in pricing that may occur in respect of any subscription model or otherwise. 

Because all transactions are between an organiser and its respective consumers, Quicket asks that all consumers contact the applicable organiser directly if they are not satisfied with any aspect of a subscription.

Cancellations and Refunds

A subscription payment which has already been made is irrevocable and no refunds will be issued unless agreed to in writing by the relevant organiser. Quicket’s service fees are always non-refundable

Consumers may, at any time, cancel any future subscriptions (i.e. subscription payments which have not yet been billed), via the site. However, where a consumer agrees to a specified number of recurring payments in exchange for goods or services from an organiser, the consumer must ensure that he/she makes the requisite number of payments to qualify for the goods or services. A failure to contribute to each and every payment may result in the organiser not providing the relevant goods or services to the consumer and refusing a refund

You must direct all refund requests to the relevant organiser. 

Subscribing
 
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 existing subscriptions at any time by logging into their Quicket account. Please contact us if you would like your account deleted.

During the subscription 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 to us will be processed "as is". Please contact us if any information provided to us is incorrect. It is your responsibility to make sure your information is correct.

Subscription payments via our site are 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 relevant subscription payment/s.

A subscription payment is not confirmed until we receive payment in full. If we do not receive payment in full, we will notify you that the payment of the relevant amount has been unsuccessful.

Subscription Payments

The basis of a subscription (as to frequency and amount) is set out during the subscription process. In certain instances, the organiser may allow you to determine your own subscription payments. 

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

When you subscribe, you authorize us to debit the relevant subscription payments from the specified account, on a recurring basis. You warrant that you are duly authorized to give us this authority. Where applicable, you authorize us to pay any refunds into the same account that you used to subscribe. 

Billing will commence on the date that the subscription is signed-up for, and will occur on each relevant date thereafter (in accordance with the subscription model), until the subscription is terminated by the consumer or the organiser. 

If payment is made via electronic funds, 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 before the subscription payment will be deemed to be received. 

Card payments for subscriptions 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 subscriptions 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 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 organiser, and other factors. We do not guarantee that we will be able to transact in any particular currency. 

Subscription amounts are quoted exclusive 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. 

3. ORGANISERS

Organiser Responsibilities

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

Organisers are responsible for providing accurate details and descriptions.

What we Charge

Quicket charges the consumer a service fee of no more than R3 per subscription payment. This fee covers the cost of the facilitation services we provide, including the administration and tracking of subscription payments as well as banking and payment gateway fees. Our service fee is non-refundable in all instances.

Quicket also deducts a 4.9% commission from the total subscription payments collected when paying an organiser. VAT will be charged on the commission amount. 

Refunds and Cancellations

Please note your legal obligations when it comes to your refund policy, in particular the Consumer Protection Act (“CPA”) 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 subscription payment/s, on behalf of the organiser. Organisers will have no claim against Quicket for payment of the subscription payment/s 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 subscription payment/s 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 the relevant subscriptions. Furthermore, you warrant that you are not infringing any intellectual property, or other rights, and that you are acting 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 CPA. As the organiser, you are bound to comply with the provisions of the CPA at all times when dealing with consumers. This includes the obligation to allow consumers a cooling-off period if they conclude a subscription as a result of a direct marketing communication e.g. an email advertisement. 

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 subscription proceeds 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 subscription 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, where applicable, 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 subscription (if such transfers are permitted by the organiser during the subscription 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 its best endeavours to pay the subscription proceeds collected by us to the organiser, less our commission and service fee, within 30 days of collection of the relevant subscription payments.  

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.

Liability and Indemnity

Organisers indemnify Quicket and hold us harmless for any claims instituted against Quicket by any consumer, 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 subscription payment where Quicket has already paid the subscription 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.

4. 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 subscriptions via our site. Organisers determine the commission payable to a promoter per subscription concluded by that promoter. 

Quicket manages all payments to promoters and will do our best to pay out each promoter their total commission within 30 days after the relevant subscription payment has been collected. 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 subscription concluded after this time is not considered to be linked to the promoter, and the promoter will not receive commission for that subscription.

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

5. 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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