Terms and Conditions

TERMS LAST UPDATED ON 18th October 2018

Welcome to the www.quicket.co.za website (the "Site") of Munyhub Online Ticketing (Pty) Ltd t/a Quicket ("Quicket", "we", "us" and/or "our"). The Site has been created (i) to provide information about Quicket (ii) to provide customized online event management, registration and ticketing services (the "Quicket Services") and (iii) to provide information about events listed on the Site.

Please read our terms and conditions carefully. The use of our Site is subject to these terms and conditions. We may change our terms from time to time and such changes will take effect as and when published on this Site. If you do not accept our terms of use then please do not make use of our Site or the Quicket Services.

Important Notice

Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been highlighted in bold. Please pay particular attention to these terms.

If you are not yet 18 you must obtain your parents’ or legal guardians’ consent and permission to be bound by the terms of our Site prior to you using any of the Quicket Services or participating in any of the events listed on the Site.

Quicket Services

We provide an online ticketing service for organisers and/or promoters of events ("Organisers"), and to persons wishing to purchase tickets for such events ("Ticket Holders"). Quicket allows Organisers to create an online profile for an event, manage all incoming payments connected to event ticket sales via the Site, and issue detailed event tickets, with barcodes for added security. Quicket provides this service in a manner which is quick to set up, simple to use, and highly secure. Ticket Holders are able to purchase, and securely pay for events which Organisers have created on the Site.

We act solely as an independent service provider to Organisers by providing the platform for Organisers to sell tickets to, and collect payment from, Ticket Holders. We do not have any responsibility or control over the Event or the conduct of the Organiser in relation to the Event.

Each ticket that a Ticket Holder purchases from us is subject to the Organiser’s event terms and conditions. It is the Ticket Holder's responsibility to familiarise itself with the relevant Organiser’s terms and rules before submitting a booking request.

If you are an Organiser, please note that these terms contain information binding on you and will form part of any other written terms which may be agreed between us.

Booking Process for Ticket Holders

To book event tickets through Quicket, the automated booking process must be completed and payment information submitted to us in the prescribed manner. Our booking process will provide Ticket Holders with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting a booking request.

The supply of tickets offered depends upon the availability of tickets for a relevant event. We may limit bookings to a specified number of persons.

The information submitted with a booking request will be processed "as is". Ticket Holders must contact us immediately if the information provided in the booking request is incorrect.

When making a booking, a user account will be created automatically under the email address provided by the Ticket Holder, in the absence of an existing user account. An email will be sent to the email address explaining how to set a password for the account. This is done for convenience and allows Ticket Holders to be able to retrieve tickets at any point by logging into Quicket. This account will not be linked to any promotional mailing lists and will not be sent any unsolicited mail. If at any point a Ticket Holder would like its account to be removed, the Ticket Holder should contact Quicket.

The owner of a ticket purchased on Quicket is the Quicket account holder. The owner of the credit card or bank account used in the purchase cannot claim ownership of a ticket.

User Name and Passwords

Ticket Holders and Organisers are responsible for keeping usernames and passwords for the Site secure. We are not responsible for losses incurred by Ticket Holders or Organisers arising as the result of passwords being misused by third parties. Ticket Holders and Organisers will be personally liable for all transactions concluded on their account.

Event Descriptions

Details of all events (including the details of the relevant Organiser, venues and arrangements) for which tickets are offered will be described on our Site. However, descriptions of events are provided to us by the relevant Organisers. We do not endorse any of the events, or the accuracy of event descriptions, and we do not determine or control ticket prices or availability in respect of the events. We do not accept responsibility for any inaccuracy, unavailability, cancellations or changes in pricing that may occur, nor for any cancellations or changes in the Event. The relevant Organiser should be contacted if a Ticket Holder is dissatisfied with an event, for any reason whatsoever.

Payments

A Ticket Holder will be required to provide payment details (i.e. credit card details) when submitting a booking request. Payment may be made via Visa, MasterCard or by means of EFT.

By submitting a booking request permission is granted to debit the designated account with the relevant ticket purchase price. Please note that Quicket will not be obliged to issue any tickets to a Ticket Holder prior to receiving full payment of the full ticket purchase price. Should Quicket not receive payment, for any reason whatsoever, the Ticket Holder's booking may be cancelled and the ticket(s) may be resold without further notice. A Ticket Holder hereby warrants that it is duly authorised to make payments from the account as provided to Quicket, and accordingly authorises us to pay all amounts to be refunded into the same account.

If a payment is made using the EFT or Bank Transfer option, Quicket cannot issue tickets until an official bank issued payment confirmation is received. The bank confirmation needs to clearly indicate the Quicket bank account details, as well as the correct amount for the booking, and the correct reference number. Note that payment into the Quicket bank account does not fulfil a booking. We require a payment confirmation from the bank before a booking can be fulfilled.

Credit card security

Credit card transactions for events in South Africa will be processed for Quicket via Peach Payments, an approved payment gateway for Nedbank South Africa. Peach Payments uses strict encryption, 256-bit AES, and no credit card details are stored on Quicket’s servers. Users may go to http://peachpayments.com to view Peach Payments' security certificate and security policy.

Payments for international events are processed using 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.

Quicket does not store any credit card details on its servers and all personal details are stored separately from card details. All card details which are provided by users are stored on Peach Payments' or Stripe's secure site as per secure credit card acquiring and security specifications. Quicket cannot be held liable in the unlikely event that there is a breach in security of the Peach Payments or Stripes servers or systems, although we will take whatever action we deem necessary to ensure that such breach is rectified, to the extent possible, by Peach Payments and/or Stripe.

Country and transaction currency

Quicket transacts in a number of currencies depending on the location of the event, and other factors. When the Organiser is VAT registered, all ticket prices quoted to Ticket Holders will include VAT. If the Organiser is not VAT registered, VAT does not apply to ticket prices.

Ticket Delivery

Quicket will deliver tickets via email only once payment has been received by us in full.

Payment to Organisers

Unless otherwise agreed in writing with an Organiser, Quicket will endeavour to make payment to the Organiser of all payment actually received for such event, within 3 business days of the event. Quicket may withhold final payment to the Organiser in the case where the Organiser has hired equipment from Quicket, and has not yet returned it.

Service Fee / Commission

Quicket charges a fixed service fee of no more than $1 per ticket, capped at $10 per transaction. This service fee will either be paid by the Organiser or paid for separately by the Ticket Holders over and above the ticket purchase price. Quicket also deducts a 4.9% (exclusive of VAT) commission from total ticket sales when paying an Organiser. Quicket will charge an additional 15% VAT on the commission deducted when paying an Organiser. While Quicket will make every effort to display the costs of this service to users, Quicket cannot be held liable should a Ticket Holder fail to understand the costs. We reserve the right to change the fixed rate and/or maximum commission limits from time to time.

In the case where the Organiser has collected the funds themselves, the Organisers are liable to pay any fees and commission to Quicket once the event has been completed.

Lost, Stolen and Destroyed Tickets

Only a person with an electronic ticket containing the relevant person’s name, unique reference number, barcodes and/or access codes will be permitted access to an event. The risk for loss and damage to tickets shall pass to the Ticket Holder upon delivery of the ticket via e-mail. Tickets that have been lost, stolen or destroyed, for any reason whatsoever, will not be replaced. Quicket cannot be held liable where a Ticket Holder accidentally sends a ticket to a third party who uses it to gain access to an event.

Cancellation of Events and Refunds

By the Ticket Holder:

A Ticket Holder may cancel any advance booking submitted for tickets that have not yet been issued or delivered, at any time prior to the date of the event to which such booking pertains, by sending Quicket a cancellation notice. On receipt of the booking cancellation notice we will refund the Ticket Holder for the face value of the ticket(s), subject to reasonable cancellation charges as provided for by the relevant Organiser. This does not apply to the service fee, which is always non-refundable. Unless otherwise stipulated by an Organiser, and depending on the prevailing circumstances the following cancellation charges apply:

  • if the cancellation occurs at least 1 working day prior to the start of an event, a 10% cancellation fee will apply;
  • if the cancellation occurs with less than 1 working days' notice, a 100% cancellation fee will apply;
  • purchase service fees are non-refundable;
  • all bank charges will be passed on to the Ticket Holder and Quicket will not be held liable for these fees.

Notwithstanding the aforesaid, where suitable documentary proof can be provided in respect of a Ticket Holder, and a statement that such person will not be able to attend the event because of such person’s death or hospitalisation, no cancellation fee will apply. In such a case the Organiser will be obligated to approve a refund, even if they have selected 'No' for the 'Allow refunds' option.

By the Organiser:

Organisers may postpone or cancel, or curtail, or otherwise restrict events ("Curtail"). Where an Organiser Curtails an event such an Organiser will offer the Ticket Holder a refund or exchange of tickets. In the case of an event being Curtailed, relevant Ticket Holders will be refunded the face value of their tickets, unless otherwise stipulated by the Organiser. Please note that service fees are non-refundable. In this case, the following refund fee may apply to the Organiser:

  • if the cancellation occurs prior to the start of the event, a 10% cancellation fee will apply for all funds collected;
  • if a postponement, curtailment or restriction occurs prior to the start of an event, a 10% cancellation fee will apply for funds collected by those who request a refund;
  • if the Organiser opted to pay for our service fee, then all service fees will be charged to the Organiser.

Should an event be Curtailed by an Organiser, Ticket Holders will be eligible for a refund for the face value of the tickets bought. Note that in this case, the Quicket service fee is not refunded. Where a refund is issued to a user due to the Curtailment of an event, such refund will be issued to the Ticket Holder using the same method of payment that was used to purchase the tickets. Where a credit card was used to make a refunded purchase, then the actual credit card used in the transaction will receive the credit for the refund.

Organisers acknowledge that they are bound to comply with all applicable laws, including the South African Consumer Protection Act, relating to refunds. Organisers must refund Ticket Holders in accordance with all applicable laws, and 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 Ticket Holders.

If an Organiser elects to use a third-party payment system, such as PayFast, PayU or Stripe, the Organiser will be liable for issuing the refund. Quicket will not be held responsible for issuing refunds if the Ticket Holder used a third-party payment method.

Where an event may be Curtailed as contemplated above, the Organiser hereby irrevocably authorises Quicket to elect, in its discretion, to itself refund Users the face value of their tickets, on behalf of the Organiser. The Organiser shall have no claim against Quicket for payment of the ticket price which has been refunded and paid by Quicket to the User.

Quicket does not issue refunds after an event has ended or while it is in progress.

Vendors

A vendor shall pay all money collected in respect of Quicket ticket sales (less agreed commission) to Quicket on an approved payment schedule. In the absence of an approved payment schedule, it shall default to fortnightly, and a final payment as soon as ticket sales are closed. Failure to make payment will be considered a breach of this agreement and may incur immediate cancellation of the vending agreement, as well as legal action.

Quicket reserves the right to close ticket sales for a vendor at any time, and to suspend any further ticket sales at a particular vendor at any time. If there are any outstanding monies, those monies will become immediately payable by the vendor to Quicket.

In the case of any fraudulent issuing of tickets through the use of the vending system, the vendor will be held liable for the issue of the fraudulent tickets.

Quicket reserves the right to delay payment to the Organiser with respect to funds collected from vendors, until such time as the funds have been paid from the vendor to Quicket.

Quicket is not liable for issuing refunds for tickets purchased at a vendor.

Disclaimer

The Quicket Services are provided subject to applicable law and consumer protection legislation, but are otherwise provided without any warranty, and not subject to any condition (express or implied), except as specifically stated in the Site.

Quicket will endeavour to make payments to Organisers as soon as reasonably possible, however, Quicket makes no representations or warranties regarding the amount of time needed to complete processing of such payments because such processing is dependent upon many factors beyond our control.

While Quicket undertakes to use reasonable endeavours to maintain the operation of the Quicket Services, we cannot guarantee continuous, uninterrupted or secure access to the service and operation of the Site and mobile systems. Quicket shall not be liable for any delay or failure in the running of the Quicket Services, or the working of the Site, where such failure is due to factors beyond Quicket's control.

Quicket will not be held liable for any indirect, special or consequential losses of any kind whatsoever arising from, or in connection with any booking (whether in contract, statute or delict).

Users acknowledge that access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Site as soon as reasonably possible.

Hiring of Equipment

Organisers may hire equipment from Quicket, subject to availability. These charges are billed to the event, and deducted from the Organiser's payout. If an Organiser cannot collect the equipment from Quicket, Quicket will make use of a courier service, and the Organiser will be invoiced the costs. In the event of loss or damage to any equipment belonging to Quicket, the Organiser will be liable for the costs to replace the item(s) damaged/lost.

Affiliate programs

Quicket provides a platform for Organisers to create their own affiliate programs. Organisers agree that the commission stipulated by the Organiser is what Quicket will pay each affiliate for each ticket sold by the affiliate for the Organiser's event. Commission is set by the Organiser. Commission can be between 0% and 100% of the value of a ticket, or can be a fixed Rand amount greater than 0 and less than the price of the cheapest ticket.

Quicket manages all payments to affiliates, and endeavours to pay out each affiliate the total amount owed to them at the end of each month. In the event of unforeseen circumstances which hinder payment, Quicket accepts no responsibility for late payment to affiliates. Quicket will deduct the total amount paid to affiliates from the final balance owed to the Organiser.

Quicket tracks all sales arising from affiliates using a cookie stored on the Ticket Holder’s browser. This cookie will last 30 days from the time it is set, meaning that the Ticket Holder has a maximum of 30 days to make a purchase. A cookie is a small text file that is stored on a user's computer for record- keeping purposes. Any ticket sale made by the Ticket Holder after this time is not considered to be due to the affiliate, and the affiliate will accordingly not receive commission for that ticket sale.

Quicket can remove anyone from an affiliate program at any time, and that affiliate will not receive commission. The following actions are prohibited in this regard:

  • Cheating
  • Spamming (of any sort)
  • Unfair, or illegal, sales practices
  • Attempts to trick the Quicket system

Any complaints regarding affiliates should be lodged with Quicket directly.

Privacy policy

Quicket undertakes to take all due care with any information provided by users when accessing the Site, however it cannot guarantee the security of any information which a user may provide. Information transmitted to Quicket is transmitted at the user's own risk. All compliance with privacy legislation is set out in the Quicket privacy policy.

Promotional tools

Quicket offers a wide range of promotional tools for Organisers and affiliates. The use of these tools must be in line with our privacy policy, and anyone found using these tools for malicious purposes will have their account suspended immediately. If a user suspects that someone has used these tools in an unfair manner, Quicket should be contacted immediately.

Storing of Customer details

For verification purposes, Quicket reserves the right to request proof of identification in an off-line format. Users' IP addresses and access times are tracked against their user ID for the purpose of preventing fraud, and to create an audit trail. Quicket use cookies on the Site and links the information stored in cookies to the personal identification information that users submit while on the Site.

Quicket collects the personal data provided by when users voluntarily provide such information on the Site. The personal data Quicket collects includes, without limitation, the user's name, email address and other personally identifiable information. Quicket also collects financial information from as is necessary in order to facilitate any payments/refunds.

Dispute Resolution and Chargebacks

All users agree to work actively with the other parties to your transactions to resolve any disputes that may arise. In the event that a transaction is suspected of fraud, Quicket reserves the right to 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. Quicket does not act as the agent of either party to any dispute between Ticket Holders and Organisers, and is not responsible for resolving any disputes. If any charge-back claim occurs (as the result of a dispute or for any reason whatsoever), Ticket Holders agree to provide the Organiser with all the necessary documentation in order to resolve the claim. Organisers must:

  1. acknowledge that Quicket does not control the outcome of the charge-back decision reached by the Ticket Holder's issuing bank;
  2. accept the decision of the issuing bank as final and legally binding; and
  3. recognise that payment may not be received if the issuing bank rules against the Organiser in relation to the payment received.

To report a potential fraudulent transaction, error or dispute, please contact Quicket.

Organisers, where Quicket may have already paid you in respect of a ticket, and the Ticket Holder's bank subsequently voids the transaction under a charge-back, the Organiser will, on demand, make good, and indemnify Quicket, for the loss suffered by Quicket as a result. The Organiser will refund Quicket for the amount previously deposited and subsequently withdrawn from Quicket by the Ticket Holder's bank.

Indemnity by Organiser

The Organiser hereby indemnifies Quicket and holds it harmless for any claims instituted against Quicket by any user or Ticket Holder in terms of where the loss suffered by such user or Ticket Holder was suffered as a result of negligence or misconduct on the part of the Organiser, including the failure by the Organiser to comply with its legal obligations. Where loss arises partly due to the negligence of Quicket and partly due to negligence or misconduct of the Organiser, the Organiser will indemnify Quicket pro rata for such claim instituted by such claimant, having regard to the principles of the Law of Delict in South Africa, and apportionment of damages legislation.

The Organiser indemnifies Quicket against any loss or consequential loss suffered or incurred by Quicket arising out of, or in connection with, a charge-back or refund claim made against Quicket, where the payment for tickets sold has already been made to the relevant Organiser by Quicket. The Organiser hereby undertakes that it will reimburse Quicket for any financial loss suffered as a result of payment made to the Organiser for tickets sold. 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 the 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.

Restricted Activities

The following uses are prohibited by Quicket, and any account found to be created for the following use will be closed:

  • using the Quicket service while impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
  • using Quicket to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature;
  • using the Quicket Services for any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy;
  • using the Quicket Service to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties, without their consent;
  • using the Quicket Platform if the user is under the age of 18;
  • using the Quicket Services to collect alimony payments, child support payments or any other payments relating to a court settlement;
  • using the Quicket Services in order to act as a private banking institution;
  • using the Quicket Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Quicket Service in an automated manner;
  • using Quicket to intentionally interfere with users' or registered recipients' enjoyment of it, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • using Quicket in any way that assists in violating any law, statute or ordinance;
  • using Quicket to send or receive what Quicket reasonably believes to be potentially fraudulent funds;
  • using an account or the Quicket Services in a manner that results in, or may result in, complaints, disputes, reversals, charge-backs, fees, fines, penalties and other liability to Quicket, a user, or a third party;
  • using an account or the Quicket Services in a manner that Quicket or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
  • using Quicket to provide a user with a cash advance from a user's credit card (or help others to do so);
  • using Quicket as a means of transfer between bank accounts held in the same name;
  • using the Quicket Services to collect or contribute money for something that may be deemed harmful, false, misleading, unlawful, obscene, defamatory, defamatory, threatening, pornographic, harassing, hateful, or racially or ethnically offensive;
  • using Quicket to control an account that is linked to another account that has engaged in any of the foregoing activities. Quicket may use evidence other than a user's account information to determine whether that user controls an account in someone else's name, including but not limited to IP addresses, common business names, phone numbers, and mailing addresses;
  • using Quicket pursuant to any bribery or corruption activities, including but not limited to activity prohibited under the Prevention and Combatting of Corrupt Activities Act of South Africa, and any equivalent anti-bribery or anti-corruption legislation in any other jurisdiction worldwide;
  • using Quicket to collect payments that support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs; and
  • using Quicket to sell:
    • items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
    • items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
    • items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • items that promote, support or glorify acts of violence or harm towards self or others;
    • drugs, alcohol or drug paraphernalia;
    • items that are obscene or pornographic;
    • real estate or motor vehicles;
    • live animals.

Users agree that Quicket may seize or freeze funds that are reasonably deemed by Quicket to have resulted from fraud or any prohibited behaviour outlined in this section.

Account Passwords and Registration

Users agree that the information provided to Quicket upon registration and at all other times will be true, accurate, current, and complete. Furthermore, users will ensure that all information is kept accurate and up-to-date at all times. If a user has reason to believe that its account is no longer secure (e.g. in the event of a loss, theft or unauthorized disclosure or use of an email address, password, or any credit, debit or charge card number, if applicable), then users agree to immediately notify Quicket.

Domicilium and Notices

The Site is governed by the laws of the Republic of South Africa and Quicket chooses as its dwelling (“domicilium”), for all purposes, whether in respect of court process, notice, or other documents or communication of whatsoever nature, its registered office, being 5th Floor, 186 Loop Street, Cape Town, 8001, South Africa.

General

These terms constitute the entire agreement between users and Quicket in respect of the use of the Site and the Quicket Services offered, subject to any separate agreement concluded between Quicket and a user in writing, in particular Organisers in relation to a particular event from time to time.

Company information

This Site is run by Munyhub Online Ticketing Services Propriety Limited, based in South Africa trading as Quicket. For your convenience Quicket lists some general information regarding the Company:

We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number K2011/110621/07. We are VAT registered, with VAT registration number 4410267548.

Quicket operates from 5th Floor, 186 Loop Street, Cape Town, 8001, South Africa.

Telephone: +27 21 424 9308

Facsimile: +27 86 725 3490

Email: [email protected]

Website: www.quicket.co.za