TERMS OF USE

LAST UPDATED ON 3 APRIL 2020

These terms apply to all visitors to and users of our site, including event organisers and ticket buyers. They should be read in full. If you do not understand or agree to any of the terms, then do not continue to use the site or our ticketing services.

These terms are governed by the laws of the Republic of South Africa.

Persons under the age of 18 may not use our site unless with the supervision of their parents or legal guardians.

In these terms, where we refer to an "organiser" we refer to any event owner, organiser or duly authorized promoter of an event.

In these terms, where we refer to "business days" we refer to all days except Saturdays, Sundays and public holidays in South Africa.

Who We Are

www.quicket.co.za is owned and operated by Munyhub Online Ticketing Services Propriety Limited, but you can call us Quicket.

We are a private company incorporated in the Republic of South Africa with registration number K2011/110621/07.

We are VAT registered, with VAT registration number 4410267548.

Our headquarters are at the 5th Floor, 186 Loop Street, Cape Town, 8001, South Africa.

Our telephone number is +27 21 424 9308.

Our email address is: [email protected]

What We Do

Quicket provides an online ticketing platform. Organisers can display and sell tickets to event(s) via our site. Members of the public can learn more about and buy tickets for an event via our site

We Are Not the Event

We are independent from the event organisers ("organisers").

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

Before you buy a ticket for an event on our site, you must read and understand the event specific rules, terms and conditions.

All event details on our site are provided 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.

Organisers, you are responsible for providing accurate event details.

Ticket purchasers, if you are not satisfied with an event you must contact the organiser.

Any dispute between a ticket buyer and an organiser is between them only. Quicket is not an agent of either.s

Organiser Obligations and Acknowledgements

If you are an 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 ticket buyers. 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.

Although Quicket is not your agent, 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.

Buying a Ticket

Ticket supply may be limited. We cannot guarantee ticket availability.

During the booking process, users 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.

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

Tickets purchased via our site are sold to 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.

Tickets are delivered by email only once payment has been received by us in full.

Paying for a Ticket

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

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

Your ticket purchase is not confirmed until we receive payment in full. If we do not receive payment in full, any "confirmed" ticket purchase may be cancelled.

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.

Quicket does not 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 event, and other factors. We do not guarantee that we will be able to transact in any particular currency.

Ticket prices are quoted exclusive of VAT, if applicable.

Paying the Event Organiser

Quicket will use best endeavours to pay the ticket proceeds collected by us to the organiser, less our commission and booking fee where applicable, 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.

What we Charge

Quicket charges a booking fee per ticket (the amount will be communicated to event organisers during the event registration process on the site). Organisers can choose whether the booking fee is to be paid by the organiser, or to be paid for by ticket buyers over and above the ticket sale price. The booking fee is inclusive of VAT.

Our booking fee is non-refundable.

Quicket also deducts a percentage-based commission from total ticket sales when paying an organiser (this percentage will be communicated to the organiser during the event registration process on the site).

VAT will be charged on the commission amount.

If an organiser collects ticket payments themselves, the organiser must pay any fees owed to us (plus VAT) within 3 business days of the event.

Lost Tickets

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.

Cancellation and Refunds

Ticket buyers may cancel a ticket purchase at any time.

In addition, events may be cancelled or postponed, whether by the event organizer, by operation of law, or any other circumstances. Similarly, organisers may reduce in extent or quantity or impose a restriction on events for whatever reason.

Whether a ticket buyer is entitled to a refund in the relevant circumstances will depend on the refund policy of the event which is determined by the event organizer, and will be communicated to ticket buyers during the ticket purchase process.

Ticket buyers: any refund of your ticket price will exclude the Quicket service 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 organizer for whatever reason.

Organisers: our service 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 10% of the face value of all tickets refunded.

Despite an event’s refund policy, where suitable documentary proof can be provided in respect of a ticket holder 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 service fee levied on the price of the ticket), provided the cancellation notice is sent prior to the start of the event.

Organisers: 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 Ticket Holders 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 Ticket Holders, 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 ticket holders 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.

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

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

Quicket does not issue refunds after an event has started.

Refunds (at the instance of the ticket holder)

Ticket buyers may cancel a ticket purchase at any time. Whether you are entitled to a refund will depend on the refund policy of the event which is determined by the event organiser and will be communicated to ticket buyers during the ticket purchase process.

Organisers may choose from the following pre-set options when creating an event:

Allow Refunds: a refund is allowed if cancellation notice is sent and delivered to Quicket at least 1 business day before the event. Thereafter no refunds will be given;

No Refunds: no refunds will be payable by Quicket to ticket buyers.

Where a refund is issued to a ticket buyer, the booking fee will not be refunded and our commission will be deducted from the face value of the tickets being refunded.

Despite an event’s refund policy, where suitable documentary proof can be provided in respect of a ticket holder that such person is not be able to attend the event because of such person’s death or hospitalisation, a full refund will be provided, provided the cancellation notice is sent prior to the start of the event.

Despite what refund option is selected by an organiser, organisers are bound by all applicable laws relating to consumer rights. Organisers should consider what is reasonable in the circumstances before selecting a refund option.

Refunds (due to event cancellation, postponement or restriction)

Quicket provides a facility for organisers to postpone or cancel their events on the Quicket platform. When doing so, an email is sent to all ticket holders informing them of such postponement or cancellation. Where a refund is issued by Quicket to the ticket buyer, the booking fee will not be refunded and our commission will be deducted from the face value of the tickets being refunded. Ticket holders whose funds are not held by Quicket will need to request a refund directly from the organiser and we take no responsibility in respect of that process.

If an event is postponed, the organiser must refund ticket holders if requested by the ticket holder prior to the postponed event and within 7 business days of the postponement announcement. The event refund policy will still apply, however, for those ticket holders who wish to cancel their booking for any other reason.

Organisers may reduce in extent or quantity or impose a restriction on events. In these circumstances, the organiser must refund ticket holders if requested by the ticket holder prior to the event and within 7 business days of the announcement of such restriction or reduction. The event refund policy will still apply, however.

In all circumstances where refunds are processed by Quicket due to the cancellation, postponement or restriction or reduction of an event, our service fee is non-refundable and Quicket reserves the right to withhold our commission from the amount refunded by us. If the organiser is already holding the funds and facilitating the refunds directly, Quicket may charge the organiser our commission and booking fee for such refunds.

Organisers irrevocably authorise Quicket to elect, in its reasonable discretion, where it deems that a refund is legally required, to itself refund ticket holders the face value of their tickets less any fees, 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.

Organisers indemnify Quicket for any loss Quicket may incur 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.

Refund Process

Quicket can accept payment for tickets in multiple ways, and in most cases we retain the money you pay to us until the event is finished, after which we pay it to the organiser. In such cases, refunds will be processed using the same method of payment that was used to purchase the tickets.

In certain cases however, the organiser may be the final recipient of the ticket funds or may be using a third party payment system. In such cases, the organiser is responsible for processing the refunds and Quicket takes no responsibility in respect of that process.

Quicket does not issue refunds after an event has started.

Disclaimers, Liability and Organiser Indemnity

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 our services.

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 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.

Site Availability and Operation

We will always endeavor to maintain the operation of the site, but we cannot guarantee continuous, uninterrupted or secure access to our services and site.

Access to our 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.

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 vendo's responsibility.

Hiring of Equipment

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.

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.

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 event 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 three 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 sales promoter sales using a cookie stored on a ticket buyer’s browser. This cookie will last 30 days from the time it is set. Any ticket bought by a buyer 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

Fraud and Credit Card Chargebacks

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 ticket buyers to provide the organiser with all necessary documentation to resolve the claim.

Quicket does not control charge-back decisions taken by the ticket buyer’s issuing bank. The decision of the issuing bank must be accepted by the organiser as binding. Organisers will not receive payment in respect of a ticket purchase where there has been a successful charge-back claim.

Where Quicket may have already paid an organiser in respect of a ticket, and the bank subsequently voids the relevant transaction under a charge-back, the organiser must, on written demand by Quicket, refund Quicket the payment received by the organiser for such ticket and must indemnify Quicket for any loss suffered by Quicket in connection with the charge-back.

Reviews

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Quicket allows certain users to review events within 7 days of an event end date.

Reviewers may submit a review anonymously or under a first name. Unless the user chooses to remain anonymous, the user’s name may be shared with the event organiser. Reviews are shared with the organiser, and the organiser may use these reviews in their own media or promotions. Unless disabled by the reviewer, reviews may be publicly displayed on our site, and will either show the reviewer name, or be listed as anonymous, depending on the option selected by the reviewer.

Quicket reserves the right to remove reviews for any reason whatsoever, in our discretion, including but not limited to:

  • Spam or fake content. Your review should reflect your genuine experience at the event and should not be posted just to manipulate ratings. Don't post fake content, don't post the same content multiple times, and don't post content for the same event from multiple accounts.
  • Off-topic. Quicket is not meant to be a forum for general political, social commentary, or personal rants. Content that does not meet this standard will be removed.
  • Restricted content. The content you upload may not feature calls to action, promotions or offers for the sale of products or services. The content shouldn't display hyperlinks, email addresses and/or phone numbers.
  • Illegal content.
  • Terrorist content. We strictly prohibit content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.
  • Sexually explicit content.
  • Offensive content.
  • Dangerous or derogatory content. We don't permit reviews to contain content that threatens or advocates for harm on oneself or others, harasses, intimidates or bullies an individual or group of individuals, incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or other characteristic that is associated with systemic discrimination or marginalization.
  • Impersonation. We will remove reviews that are falsely represented to another individual, company or organization if the reviewer is not authorized to represent them.
  • Conflict of interest. We don’t allow users to review their own event, or events of current or former employers, or competitor events.

Prohibited Use

Any account associated with the following activity will be terminated, and we may refuse to pay out any funds associated with such an account:

  • impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
  • making unsolicited offers, advertisements, proposals, or sending junk mail or spam;
  • any illegal activity, or in violation of any laws;
  • defaming, harassing, abusing, threatening or defrauding any person, or collecting, or attempting to collect, personal information about any person without their consent;
  • collecting payments other than as bona fide ticket payment for an event;
  • using our site in any way that could damage, disable, overburden, or impair it, including by automation;
  • intentionally interfering with other people’s use and enjoyment of the site, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • enabling fraudulent funds transfers;
  • using our site 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 our site in a manner that Quicket or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules;
  • using our site 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 our site 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 anything other than bona fide tickets for a legal event.

Account Security

Account holders are responsible for keeping usernames and passwords for our site secure. We are not responsible for losses incurred by account holders because their password has been used by third parties. Account holders are liable for all transactions concluded on their account. 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.