Terms & Conditions

TERMS OF USE

LAST UPDATED ON 20 MAY 2020

These terms apply to all visitors to and users of our site and services. If you do not understand or agree to any of the terms, then do not continue to use the site or our 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 under the supervision of their parents or legal guardians.

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.ticketslive.co.za is owned and operated by Tickets Live PTY LTD. When these terms use the term “Tickets Live,” “we,” “us“, or “our“, that refers to Tickets Live and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.

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

Our headquarters are at 5 Caper Avenue, Eldoraigne ext.3, Centurion, South Africa, 0157

Our email address is: support@ticketslive.co.za

What We Do

Our services provide a simple way for organizers to create profiles related to their events (“events”) or fundraising campaigns ( “campaigns”), promote those pages and events/campaigns to visitors or browsers on the site, manage online or onsite event ticketing and registration, and solicit campaign donations.

In these terms, where we refer to an “event organizer” or a “campaign organizer” (collectively, “organizers”) we refer to any event owner, organizer or duly authorized promoter using our services to create events/campaigns displayed on our site for consumers using our services to consume information about, as well as attend the event or donate to the campaign. All organizers, consumers and third parties using our services are all referred to in these to collectively as “users,” “you” or “your”.

We Are an Independent Service Provider

We are not the creator, organizer or owner of events/campaigns listed on the site. Rather, Tickets Live provides a service, which allows organizers to manage ticketing and fundraising and to promote their events/campaigns. The organizer is solely responsible for ensuring that any page displaying an event/campaign on the site (and the event/campaign itself) meets all applicable local, provincial, national and other laws, rules and regulations, and that the goods and services or other information described on the event/campaign page are delivered as described and in an accurate, satisfactory manner.

Each ticket purchased via our site is subject to the event-specific rules, terms and conditions. These are set by the organizer. Similarly, campaigns may have campaign-specific rules, terms and conditions which are set by the campaign organizer.

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

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. Similarly, we do not guarantee the accuracy of campaign descriptions and do not determine the value and/or appropriateness of any contribution to a campaign. We do not personally endorse any campaign or initiate any campaigns ourselves. We are not responsible for the success of any campaign or the outcome of any fundraising purpose.

Organizers are responsible for providing accurate event/campaign details.

Consumers must contact the organizer if they are not satisfied with an event/campaign.

Any dispute between a consumer and an organizer is between them only. Tickets Live may try to mediate, but ultimately it is the organizer’s obligation to settle the dispute.

Fundraising-specific Terms

Once Tickets Live has paid the campaign funds to the campaign beneficiary, the campaign beneficiary is responsible for ensuring that the funds are utilized for the purpose advertised. In doing so, the campaign beneficiary warrants and undertakes that, in ulitizing the funds raised, it will act with integrity and transparency. Tickets Live is not responsible for any failure of a campaign beneficiary to apply the funds to the relevant purpose, or the misuse of campaign funds in any way.

Tickets Live does not verify the identity of the campaign beneficiaries, whether contributions to a campaign are tax deductible or whether campaign beneficiaries are using monies received for a legitimate purpose. Accordingly, campaign contributors must satisfy themselves with the legitimacy of a campaign, as well as the tax deductibility of contributions before contributing to such campaign.

A campaign beneficiary must not rely on collecting any contributions until such time as Tickets Live has paid the contributions into its account.

Tickets Live is not obliged to vet campaigns, but reserves the right to do so. To this end, Tickets Live reserves the right to decline campaigns in its discretion, including where:

  • A campaign organizer has provided insufficient information regarding the campaign
  • A contribution target is not proportionate to the cause as stated in the campaign 
  • A campaign purports to relate to an illegitimate purpose
  • A campaign offers a reward or entry into a competition or raffle
  • A campaign displays inappropriate images, including images subject to copyright.

What we Charge 

Event Ticketing

Tickets Live offers a variety of packages and options for your specific needs and budget. Packages and pricing is available on request

Fundraising Campaigns

Tickets Live charges a service fee for campaigns equal to 5% of the total contributions collected in respect of a campaign, regardless of whether or not a campaign achieves the target contribution amount. Campaign organizers can choose whether the service fee is paid by the campaign organizer or paid for by contributors as a deduction from the contribution amount.

This fee covers the cost of the facilitation services we provide, including the administration and tracking of campaigns as well as banking & payment gateway fees. When organizing a campaign, campaign organizers must choose a campaign deadline. If the campaign has not generated sufficient contributions to meet the campaign target by the deadline, the campaign will end.

Cancellation and Refunds

Because all transactions are between an organizer and its respective attendees or contributors, Tickets Live asks that all consumers contact the applicable organizer with any refund requests.

Event Ticketing

Consumers 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, organizers may reduce in extent or quantity or impose a restriction on events.

Whether a consumer 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.

Any refund of a ticket price will exclude the Tickets Live service fee, and you will be responsible for any bank charges incurred in processing such refund. In addition, Tickets Live reserves the right to deduct its commission from the refund payable to you, if Tickets Live cannot reasonably recover such amount from the event organizer for whatever reason.

Organizers: 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 organizer, Tickets Live further reserves the right to retain, or claim payment of, our commission and charge the organizer 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 consumer that such person will not be able to attend an event because of such person’s death or hospitalization, a full refund of the ticket price will be provided (less any bank charges, or Tickets Live service fee levied on the price of the ticket), provided the cancellation notice is sent prior to the start of the event.

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

Organizers irrevocably authorize Tickets Live 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 organizer, where an event has been cancelled, postponed or restricted. Organizers will have no claim against Tickets Live for payment of the ticket price which was refunded by Tickets Live.

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

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

Tickets Live does not issue refunds after an event has started.

Fundraising Campaigns

Each contribution to a campaign is irrevocable and no refunds will be issued unless agreed to in writing by the campaign beneficiary.

Event Organizer Obligations and Acknowledgements

If you are an event organizer, 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. Organizers indemnify Tickets Live 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 organizer of an event, you are bound to comply with the provisions of the CPA when dealing with consumers. This includes the obligation to allow consumers a cooling-off period if they buy a ticket to your event as a result of a direct marketing communication e.g. an email advertisement, and includes a consumer’s rights to cancel advance bookings, subject only to a reasonable cancellation fee.

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

Buying a Ticket or Contributing to a Campaign

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

During the ticket booking or campaign donation 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“. 

A user account will automatically be created for all consumers, which account is linked to the email address provided by the consumer. This allows, amongst other things, consumers to be able to access their event tickets at any time by logging into their Tickets Live account.

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

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

Paying for an Event Ticket or Contributing to a Campaign

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

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

Your ticket purchase or campaign contribution is not confirmed until we receive payment in full.

If we do not receive payment in full for a ticket, 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 transactions will be acquired for Tickets Live via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
 

Ticket prices are quoted exclusive of VAT, if applicable.

Paying the Event Organizer or Campaign Organizer

Tickets Live acts as an organizer’s limited agent solely for the purpose of collecting payments made by consumers of the services and passing such payments to the organizer.

Organizers agree that a payment made by a consumer that is processed by Tickets Live will be considered the same as a payment made by a consumer directly to the organizer and the organizer will sell or provide all advertised goods and services to the consumer as if the organizer had directly received the funds from such consumer, regardless of whether the funds have yet to be or are ever received from Tickets Live. Organizers agree that Tickets Live, 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 organizer during the event registration process); (ii) hold, disburse and retain proceeds on the organizer’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 organizer, Tickets Live assumes no liability for any acts or omissions of the organizer and the organizer understands that Tickets Live’s obligation to pay the organizer is subject to and conditional upon the consumers’ actual payment of funds.

Tickets Live will use best endeavors to pay the ticket proceeds collected by us to the organizer, less our commission and service fee, within 5 business days of the event. Once a campaign has ended, Tickets Live will use its best endeavors to pay the total contributions made, less our service fee to the campaign beneficiary within 5 business days of the end of the campaign.

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.

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

Lost Event 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 Tickets Live’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 Tickets Live account details secure.

Liability and Organizer Indemnity 

Tickets Live 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.

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

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

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

“Force Majeure” means, in relation to Tickets Live, any circumstances beyond the reasonable control of Tickets Live 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, labor 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. Tickets Live 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. If a Force Majeure event occurs, Tickets Live shall notify you as soon as reasonably possible of the nature and extent of the Force Majeure event.

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 Tickets Live ticket sales (less the vendor’s agreed commission) to Tickets Live 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 Tickets Live immediately cancelling the vending agreement, without prejudice to Tickets Live’s other rights in law, including the right to claim damages. Tickets Live may also delay payment to organizers of all funds already collected from the vendor, until such time as the vendor has settled the balance outstanding.

Tickets Live 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 Tickets Live all money collected in respect of Tickets Live ticket sales (less the vendor’s agreed commission).

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

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

Promotional Tools and Networks

Tickets Live 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.

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 consumer to provide the organizer with all necessary documentation to resolve the claim.

Tickets Live does not control charge-back decisions taken by the consumer’s issuing bank. The decision of the issuing bank must be accepted by the organizer as binding. Organizers will not receive payment in respect of a purchase or contribution where there has been a successful charge-back claim.

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

Reviewing Events

Tickets Live 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 organizer. Reviews are shared with the organizer, and the organizer 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.

Tickets Live 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. Tickets Live 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 Tickets Live, a user, or a third party;
  • using our site in a manner that Tickets Live 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 Tickets Live to collect payments that support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs; and
  • using Tickets Live 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 Tickets Live