Your use of our website is at all times subject to our terms of use. Your continued use of this website constitutes acceptance of these terms.
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TERMS AND CONDITIONS
Take note: The terms as set out below in bold contain specific provisions that limit eQtickets's liability. These terms limit your ability to recover losses that you may incur and thus you need to pay special attention to them.
CONTENT:
GENERAL TERMS OF USE FOR THIS WEBSITE
TICKET PURCHASE TERMS FOR TICKETS BOUGHT VIA ALL MEDIUMS
GENERAL TERMS OF USE FOR THIS WEBSITE:
Introduction
1. Welcome to the eQtickets website, www.eqtickets.com ("the website").
2. By accessing and using the website or any of the eQtickets mediums you, "the user", agree to be bound by the terms and conditions that are set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download and/or otherwise copy or distribute any of the content of this website or any other of eQtickets' mediums.
3.Updating of these Terms and Conditions
eQtickets reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.
Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates.
The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
4.1 ECTA
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act ("ECTA"), Act No 25 of 2005, the supplier of goods and/or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:
Supplier is eQtickets (Pty) Ltd
(hereinafter referred to as "Supplier" or as "eQtickets"), a private company with limited liability duly registered and existing under the laws of South Africa Registration number: 2003/004036/07
Physical address: Sizwe House
35 Waterloo Avenue
Samrand
Kosmosdal
1682
Tel: +27 87 980 3000
Supplier's website is www.eqtickets.com and its email address is: info@eqtickets.com
4.2 Complaints and disputes
Complaints and disputes: Supplier offers Users the option to file complaints via the "Contact us" service of the website www.eqtickets.com.
5. Your use of the website
You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including but not limited to: the commission of a criminal offence; to gain unauthorized access to other computer systems; or for the transmission of unlawful material. You warrant that any information supplied by you does not breach any Intellectual Property Rights of a third party nor contains trade secrets or confidential information.
6. Privacy
We respect the privacy of all visitors to this site.
We receive various types of information ("the Information") from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act ("PAIA"), Act 2 of 2000, and as detailed in s 1 of ECTA (hereinafter referred to "Personal Information").
I give eQtickets permission to electronically collect, store and use Personal Information, including:
IP address, cookies, name, surname, date of birth, province, physical address (only for ticket delivery), cell phone number, ID number, demographics (gender), recent activities, ticket purchase history, loyalty points earned and redeemed, and favourite event types (e.g. cricket, ballet, etc.) for the purpose of :
eQtickets voluntarily subscribes to s 51 of ECTA and endeavours to treat Personal Information received by eQtickets accordingly.
Whenever you are of the opinion that eQtickets fails to comply with s 51 of ECTA, User shall contact eQtickets by sending an email to info@eqtickets.com.
eQtickets will review the User's representations made by email and, if within eQtickets's sole and absolute discretion advisable, and take corrective
Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. eQtickets or the owners/agents will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to eQtickets through the Internet, or that you expressly or implicitly authorise eQtickets to make, or for any errors or any changes made to any transmitted information.
To ensure acquaintance with and awareness of the privacy measures and polices of eQtickets, you are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:
Casual surfing: The User may visit the Website without providing any personal information. The User accordingly hereby grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. eQtickets uses this information to determine use of the Website, and to improve Content thereon. eQtickets assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Unsolicited information: If the User posts unsolicited content or other information ("the Information") to the Website, and unless otherwise indicated, then the User grants to eQtickets a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants to eQtickets the right to use the name that the User submits in connection with such Information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to eQtickets, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies eQtickets for all claims resulting from the receipt by eQtickets of the Information the User supplies to it. eQtickets reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. eQtickets takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
Solicited information: eQtickets requires certain Personal Information necessary to process transactions if the User requires any of eQtickets's products or services. eQtickets receives and stores all Information, including Personal Information which the User enters on the Website or gives to eQtickets, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from eQtickets. eQtickets provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User hereby and when entering into specific transactions in question expressly grants in writing to eQtickets a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media for any purpose whatsoever.
The User's Information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.
Promotional information: eQtickets aspires to provide first-class service to its users, which necessitates eQtickets providing information to the users regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the eQtickets Help Desk, or send an email.
Storage: Personal Information will be stored for as long as it is used and for a period of one year thereafter, together with a record of the Personal Information and specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete.
Interception: Subject to the Regulation of Interception of Communications Act ("RICA"), Act no 70 of 2002, User agrees that eQtickets may intercept, block , read, delete, disclose and use all communications sent or otherwise communicated to eQtickets, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in "writing" as defined.
7.Choice of Law:
This Website is controlled, operated and administered by eQtickets from its offices as set out above within the Republic of South Africa. eQtickets make no representation that the Content is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the eQtickets and the User with regard to the use of the Content and this Website.
9.Copyright
Copyright and Intellectual Property Rights: eQtickets provides certain information on the Website. Content currently or anticipated to be displayed on this Website is provided by eQtickets, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions, Computer Software, Computer databases and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, belong to eQtickets, its affiliates or subsidiary, or any third party owners of such rights ("the Owners"), and the Content protected by South African and international copyright laws. eQtickets reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited License to General Users:
10. Your comments
We value comments received from visitors "the users" to our site. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and we are not liable to any third party regarding the content of your comments.
11. External links
This website provides links to other websites. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information and content provided by the external link is done so at your own risk. No endorsement of products, services, or firms is intended, nor is criticism implied of those not mentioned. Third-party advertising and promotional material may be displayed on the site from time to time, and the display of such material should not be construed as eQtickets endorsing or creating any relationship between eQtickets and that third party. Reliance on any such promotional or advertising material is entirely at your own risk.
12. Linking
Any third party wishing to link the eQtickets website to their website must obtain permission from eQtickets by directing such request to the webmaster, and permission may be granted on terms and conditions agreed.
13. Exclusion of liability
It is a term and condition of the use of this site that you expressly agree that the use of the site is entirely at your own risk. Subject to ss 43(5) and 43 (6) of ECTA, if applicable, and to the extent permitted by law, the website and all content on the website is provided on an "as is" basis and eQtickets or its agents make no representations or warranties of any kind whether express or implied to the accuracy of the contents on the website. eQtickets or its agents do not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server is free from viruses or other harmful components.
14. eQtickets, its owners, directors, employees, officials, suppliers, agents and / or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by you the user, which arises directly or indirectly upon reliance of the website and / or its content.
15. eQtickets, its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use the content or the website or any functionality of the website or of any linked website even where eQtickets is expressly advised thereof.
16. eQtickets, its agents or suppliers shall not be responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred by you resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, strikes or natural disasters.
17. You will indemnify eQtickets, its owners, directors, employees, officials, agents, suppliers or representatives and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of this website.
IMPORTANT INFORMATION:
TICKET PURCHASE TERMS AND PROCEDURES FOR ALL EQTICKETS SOLD VIA ALL SELLING MEDIUMS:
Information supplied to eQtickets
You warrant that the information supplied by you to eQtickets is not false, misleading, inaccurate or fraudulent. You further warrant that you have the legal capacity to enter into this transaction.
You warrant that you are the owner of the credit card or debit card or that you have been duly and properly authorised to use the credit or debit card.
Please make sure that the booking details are correct before submitting the booking request.
If the transaction is reversed, you will be liable to eQtickets for any fee imposed on eQtickets or its agents by the card issuer as a result of the reversal.
You acknowledge that it is your responsibility to safeguard your password and you indemnify eQtickets against any claims whatsoever resulting from, but not limited to, unauthorized access to your account, unauthorized changes to banking details or transfers from your account.
It is very important that you contact eQtickets immediately if you believe your username and password has been compromised or if someone has transferred or may transfer money from your account without your permission. It is also very important to ensure that your banking details are correct.
Cancellation/Postponement by Event Organiser
Occasionally, events are cancelled or rescheduled by the Event Organiser. In such case, the Event Organiser may instruct eQtickets (who act only an agent) to offer a refund or exchange of tickets for which you may be required to follow certain procedures specified by the Event Organiser or eQtickets. Should this occur, eQtickets will usually provide a notice on this website or contact you to inform you of the relevant refund or exchange procedures for that event. No other fees or charges (for instance bank charges) that eQtickets had to incur will be refunded. This is not correct in the definition of cancelled events, the owner / promoter to carry cost eQtickets will also not be liable for travel costs or any other expenses and/or losses that you or anyone else incurs in connection with a cancelled or postponed event.
Cancellation by the ticket holder
No refunds, exchanges, or cancellations of any tickets purchased are possible, except with the consent and on the terms of the relevant Event Organiser. You may contact eQtickets to enquire as to the terms of the relevant Event Organiser, with which terms you will be required to comply. No other fees or charges (for instance bank charges) that eQtickets had to incur will be refunded. (dependant on the owner / promoter's rules for refund
In accordance with the Consumer Protection Act 68 of 2008, no cancellation fee shall be imposed in respect of a booking (reservation) if you are unable to honour the booking (reservation) as a result of the death or hospitalization of the person for whom, or for whose benefit the booking (reservation) was made.
eQtickets shall only be liable to refund you within 14 (FOURTEEN) working days of having received the instruction to do so from the Event Organiser but provided always that the Event Organiser has first reimbursed EQ for the monies which EQ may already have disbursed to it.
eQtickets (as agent) cannot be held liable for any loss you may suffer arising from any cause whatsoever, whether direct or indirect and also resulting from the theft of, loss of or damage to the ticket and you indemnify eQtickets against any claim(s) referred to in this paragraph.
Ticket and confirmation
Each ticket that you purchase from eQtickets is intended to be a revocable license to attend the particular date and time's event to which the ticket pertains only and will not enable you to attend any other date and time's event or different event.
All prices as displayed on the website include VAT. If any additional/other duties, surcharges and/or taxes are also applicable, these shall be charged separately.
eQtickets may, if so instructed by the Event Organisers, without prior notice, change the price, discontinue the availability or change the description of venues, seating arrangements or events for which tickets are made available. Special promotions may be subject to certain additional terms and conditions.
Tickets are sold through various distribution points, and eQtickets cannot guarantee availability of tickets for purchase. The supply of tickets offered via the website thus depends on availability. Tickets for popular events may sell out quickly. eQtickets may also, at its sole discretion, limit the number of tickets you may purchase for a specific event.
Each ticket that you purchase from eQtickets is subject to the Conditions of Sale printed on the ticket, the ticket purchase terms displayed on the website as well as any additional terms and rules applicable to the particular date and time's specific event, for example the rules and regulations of the event sponsor, the event facility or owner or agent or any other party. Such Ticket Terms may be referred to or set out on the relevant ticket or may at eQtickets' sole discretion be made available elsewhere on this web site. However, it remains your sole responsibility to familiarize yourself with the specific event facility, event sponsor, owner or agent's rules and regulations.
You may submit booking requests for tickets by making use of the online booking process, an electronic kiosk, via the telephone booking service etc., and submitting your payment information in the prescribed manner.
Once submitted, your booking request will constitute an offer on the terms and conditions contained in the Conditions of Sale printed on the ticket, the ticket purchase terms displayed on the website as well as any additional terms and rules applicable to the particular date and time's event, for example the rules and regulations of the event sponsor, the event facility or owner or agent which offer is open for acceptance by us on behalf of the Event Organisers to conclude a binding agreement with you.
It is your responsibility to review such Ticket Terms before making a booking. Following receipt of your booking request, we will send you a confirmation notice confirming acceptance or rejection of your booking request containing the relevant booking number. A legally binding contract will be formed upon the earlier of (i) the sending of such a confirmation notice confirming the acceptance of your booking, or (ii) delivery of the tickets ordered in accordance with these terms. We reserve the right not to accept or process your booking request.
Please note that while eQtickets will try to send to you a confirmation notice for every valid booking request we receive from you, we cannot guarantee that such confirmation notice will be received by you, nor that, if it is received by you, that it will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded in respect of a booking.
If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with eQtickets whether or not your order has been received and processed. eQtickets and/or the Event Organisers are not be liable for any losses you may incur if you assume that a booking was not processed because you failed to receive confirmation notice.
You will be required to provide the necessary payment details (such as credit card or debit card details) and to authorize payment of the amounts payable for the tickets ordered when submitting your booking request. Such authorization will allow eQtickets to obtain payment at any time after confirmation of your booking. Should eQtickets be unable to duly effect such payment for any reason your booking will be cancelled and your tickets will be resold to another customer without further notice.
If the price you paid for a ticket is incorrect (as confirmed to eQtickets by the relevant Event Organiser), then, irrespective of whether such price was posted on this web site or otherwise communicated to you, eQtickets will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid in respect of the ticket less any chargeback. eQtickets may similarly cancel any ticket that you were sold that eQtickets was not entitled to sell at the time you purchased it (including tickets sold before their scheduled date of release for sale).
Your admission to events is subject to compliance with all the laws and facility rules which may differ from other facilities. You hereby consent to reasonable examinations and searches to ensure compliance. Failure to comply with the laws or facility rules may result in you being refused admission or facing expulsion. Your right of admission is reserved at all times.
No unauthorized recording of any kind whatsoever may take place.
Delivery, resale, lost, stolen or destroyed tickets
You may collect your ticket as follows:
From an eQtickets kiosk during the purchase of tickets at the kiosk or collecting a ticket from kiosk where the purchase was done via the website or the eQtickets call centre
From an approved retailer outlet as per the eQtickets list
When you have received your tickets, keep them in a safe place. eQtickets cannot be held liable for any lost, stolen or destroyed ticket and no refund or replacement of tickets shall be entertained under any circumstances. It is your responsibility to protect your tickets against fraudulent activities. eQtickets is only an agent, and not the Event Organiser.
Reselling of your tickets is strictly forbidden.
Disclaimers
eQtickets merely acts as an agent for the suppliers, sponsors, event facility owners, ticket producers, promoters and organizers of events "the Event Organisers"), including sporting events, theatre etc.
eQtickets sells a ticket to you and collects payment from you on behalf of such Event Organisers. You are thus buying each ticket from the relevant Event Organiser and not from eQtickets and your rights and obligations under the ticket terms are enforceable against and by such Event Organiser. You may at any time contact eQtickets's call centre to obtain the details of the Event Organiser
Event Organisers may refuse admission to events, alter the program or seating arrangements for events, or even postpone or cancel events in certain circumstances. Unfortunately, eQtickets cannot accept any liability should any of the aforementioned occur and you indemnify eQtickets against any such claims.
Although eQtickets or its agents endeavour to ensure that the venues, seating arrangements and events that appear on this web site or any of the other ticket purchase mediums are displayed and described completely and accurately, eQtickets do not warrant same and disclaim, to the maximum extent permitted by applicable law, any liability arising from any omissions and inaccuracies pertaining to such display and description. In particular, eQtickets disclaims any and all warranties as to the occurrence, suitability or quality of the seating arrangements, performances, venues or events and will not be liable for any claims arising in respect thereof, even if it has acted in a negligent or grossly negligent manner.
Postponement of events due to weather conditions are beyond the control of eQtickets. No refund for unused services or allowances for the loss of enjoyment caused by weather conditions will be made, and you assume all weather risks. Tickets are thus bought "rain-or-shine".
Although eQtickets and its agents shall endeavour to employ qualified call centre agents, eQtickets and its agents shall not be held responsible for any damage suffered by you as a result of any errors, inaccuracies, or any negligence of a call centre agent.
You expressly agree that eQtickets will not be held liable for any injury, damage or loss suffered of any kind whatsoever as a result of the temporary interruption of service and as a result of any downtime, mistake, error, corruption or lack of signal by any cell phone network provider.
eQtickets will endeavour to ensure that sensitive payment information (such as your credit card or debit card details) provided are suitably protected. For such purposes it will implement reasonable security measures including cryptographic techniques to protect such information. However, eQtickets does not guarantee the absolute security of any information you transmit to us or that is transmitted to you and disclaim any liability arising in connection with any unauthorised disclosure of such information.
eQtickets will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner. However, a number of factors, several of which are outside of eQtickets' control, will contribute to when the funds are received. eQtickets makes no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the mail service, nor shall it be liable for any actual or consequential damages arising from any claim of delay.
Legal Action and Jurisdiction
32. The ticket holder shall be liable to eQtickets for all legal expenses on the attorney-and-client scale, incurred by eQtickets in the event of
(a) any default by the ticket holder or
(b) any litigation in regard to the validity and enforceability of this Agreement.
33. Subject to the provisions of Section 70 of Act 68/2008 relating to alternative dispute resolution, the ticket holder hereby consents that eQtickets shall have the right to institute any legal action in either the Magistrate's Court or the North Gauteng High Court at its sole discretion.
34. Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Electronic Communications and Transactions Act 25 of 2002 have not been met.