Computicket Terms and Conditions
(Version effective as of 1 April 2021)
Important notice:
1.Please read our terms of use carefully. Your use of our computerised services (including www.computicket.com, www.computicket.mobi or via the Computicket iPhone or Smartphone Applications) will be subject to the then current version of these terms published on our website at www.computicket.com at the time of your use. If you do not accept our terms of use, you may not use our services.
2.Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of fact by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.
3.If you are not yet 18 (eighteen), you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you using any of our services or participating in any of the activities offered. If you are under 18 (eighteen) and fail to obtain such consent you may not use the services or participate in the activities. The use of some of our services may require that you are over 18 (eighteen) and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.
4.We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up to date with their content and read these terms of use on a regular basis since the then current version of these terms will apply to your use. If you continue to use our computer systems, mobile applications and services after our amended terms of use have been published, it will constitute a deemed acceptance of such amended terms of use.
Should you have any questions regarding these terms of use, please send an e-mail to us at info@computicket.com or contact our Customer Care Centre on +27 (0) 11 340 8000 or 0861 915 8000.
Part A: General Information and Terms
1.General Information
“We” are Computicket (Pty) Ltd and “us” and “our” have a corresponding meaning herein.
We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1971/003946/07.
Our General Manager is K. Drennan and details of our Board of Directors are available at https://travel.computicket.com/legal.
Our postal address is PO Box 215, Brackenfell, 7561.
Our business address is Computicket House, Greenacres Office Park, Cnr. Barry Hertzog / Rustenburg and Victory Roads, Victory Park.
Our registered address of establishment is at Cnr. William Dabbs Street and Old Paarl Road, Brackenfell, Western Cape, South Africa and we will accept service of all legal documents there.
Our telephone and facscimile numbers are Tel: +27 (021) 980 4000; Fax: +27 (021) 980 4150.
Our website is located at www.computicket.com.
Our e-mail address is info@computicket.com.
Our VAT number is 4480113127.
We are members of the following professional bodies: Theatre Management of South Africa.
Our webmaster can be contacted at webmaster@computicket.com.
2.Definitions
In these terms of use:
“We”, “us” and “our” means Computicket (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, contractors, suppliers, service providers, agents and affiliates);
“You” mean the user of our services;
Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of these terms.
3.General Conditions of Use
1)You are solely responsible for any and all fees that may apply to your communications with our computer systems or mobile applications.
2)You may not access or use our computer systems or mobile applications for any purpose other than for utilizing the services offered via such systems or applications in the normal manner. You may not access our computer systems or mobile applications for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to our computer systems or mobile applications in a manner that would bring us, our business and/or any of our affiliates into disrepute.
3)Furthermore, you may not access our computer systems or mobile applications for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of our computer systems or mobile applications by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of our computer systems and mobile applications.
4)You may not post or transfer any material to our computer systems or mobile applications that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system or mobile applications. We may delete any material you have submitted to our computer systems or mobile applications and/or suspend your access to any part of our computer systems or mobile applications at any time without notice.
5)We do not usually monitor, edit, control or filter the content submitted to our computer systems or mobile applications by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorised or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our Customer Care Centre on +27 (0) 11 340 8000 or 0861 915 8000 or via email at info.computicket.com, if you have a complaint about the activities of or content submitted by a user of our computerised services or mobile applications.
6)We do not distribute or endorse any products, services or events posted, promoted and/or listed on our computer systems, mobile applications or made available via our services and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
7)Notwithstanding that our computer systems or mobile applications may enable access to third party systems and that some third party systems may contain enable access to our computer systems or mobile applications, we do not control, endorse or approve the activities or content made available via any such third party systems. Please contact the relevant system proprietor if you have such a complaint about the activities or content made available via a third party system.
8)Proprietary rights (including without limitation, trademarks, copyright and patent rights) in our computer systems or mobile applications and the content thereof belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit to our computer systems or mobile applications will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
9)THE DOWNLOADING AND USE OF DATA FROM OUR COMPUTER SYSTEMS OR MOBILE APPLICATIONS IS DONE AT YOUR SOLE DISCRETION. YOU SHOULD INDEPENDENTLY VERIFY THE COMPLETENESS AND RELIABILITY OF INFORMATION OBTAINED FROM OUR COMPUTER SYSTEMS OR MOBILE APPLICATIONS. ALSO BE AWARE THAT VIRUSES OR CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR COMPUTER SYSTEM OR MOBILE PHONE COULD BE TRANSMITTED TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.
10)ACCESS TO OUR COMPUTER SYSTEMS, MOBILE APPLICATIONS AND SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR COMPUTER SYSTEMS, MOBILE APPLICATIONS, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATURE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF OUR COMPUTER SYSTEMS, MOBILE APPLICATIONS OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
11)We reserve the right, without notice, and in our sole and absolute discretion, to make changes to any parts of our computer systems or mobile applications. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of our services.
12)You will be required to choose a username and a password when registering with us or using some of our services. You are responsible for keeping your username and password secret. You will be required to enter your username and password every time you want to use one of our services. YOU ACCEPT THAT YOU WILL BE PERSONALLY LIABLE FOR ALL TRANSACTIONS CONCLUDED ON YOUR ACCOUT.
13)We are committed to protecting your privacy. Computicket collects a range of personal information for the purposes of executing transactions by customers. Computicket makes customers aware that the personal information so collected will only be processed for the purposes of fulfilling any specific transaction. To find out more about how we process your personal information please see our Data Privacy Statement.
14)We have to protect our business and secure our computer systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive from our computer systems or mobile applications and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Part B: Ticket Purchasing Terms
1.General
1)All tickets for events that occur in the Republic of South Africa are stated in South African Rand (ZAR). If you are making use of our service from outside South Africa you are solely liable for any currency conversion costs, exchange rate fluctuations and international bank fees that may be charged by your bank or financial services provider in addition to the advertised price of the ticket.
2)We act as an agent for the providers, promoters and organisers of events (“Event Organisers”). We sell tickets to you and collect payment from you on behalf of such Event Organisers. Each ticket that you purchase from us is subject to these terms of use as well as the Event Organiser’s terms and rules applicable to the particular event (“the Ticket Terms”). Such Ticket Terms may be referred to or set out on the relevant ticket or may otherwise be made available to you on our computer systems or mobile applications. Each ticket that you purchase from us is intended to be a revocable license to attend the particular event to which the ticket pertains only and will not enable you to attend any other event.
3)These terms of use apply only to the processes described herein. Your rights under the ticket issued to you are enforceable against the Event Organiser only and are regulated by the Ticket Terms. It is your responsibility to familiarise yourself with the relevant Ticket Terms before submitting a booking request.
2.Booking Process
1)To book your tickets with us, you will be required to complete the prescribed booking form. You must be over the age of 18 (eighteen) and able to conclude binding contracts to submit a booking to us or, if you under the age of 18 (eighteen), you must have obtained the consent of your parents or legal guardian to submit a booking to us. If you book on behalf of another person, you must have obtained their consent to use their personal information for this purpose. If you do not comply with the aforesaid you may not submit any booking for tickets via our computer systems. We may require you to provide us with suitable documents proving your age and/or the consent of your parents or legal guardian or the person on whose behalf the booking is made prior to accepting any booking from you.
2)You may submit booking requests for tickets to us by completing our automated booking process and submitting your payment information to us in the prescribed manner. Our booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your booking request. Please make sure that the booking details are correct before submitting the booking request, since it is unlikely that any mistake you make can be rectified later. We may limit your booking to a specified number of persons to discourage unfair booking practices.
3)Once submitted, your booking request will constitute an offer on the terms and conditions contained in these terms of use and the Ticket Terms that is open for acceptance by us 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.
4)A legally binding contract will be formed between us upon the earlier of (i) our sending of such a confirmation notice confirming our acceptance of your booking, or (ii) our delivery of the tickets ordered in accordance with these terms of use. We reserve the right not to accept or process your booking request and we will notify you if this is the case. In particular, we may refuse to sell you tickets to events for which you do not meet the specified qualification criteria, including if you do not comply with the minimum age for the particular event stipulated by law or if the number of persons in your booking exceeds any applicable limit specified for the relevant event.
5)Please note that while we will try to send 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 they are received by you that they will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded between us in respect of a booking.
6)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 us whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. WE WILL NOT BE LIABLE FOR ANY LOSSES YOU MAY INCUR IF YOU ASSUME THAT A BOOKING WAS NOT PROCESSED BECAUSE YOU FAILED TO RECEIVE OUR CONFIRMATION NOTICE.
7)The information you have submitted with your booking request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact our Customer Care Centre immediately on +27 (0) 11 340 8000 or 0861 915 8000 or via email at info@computicket.com.
8)These terms of use shall override any contrary terms or conditions incorporated by you in your order and any such conflicting terms or conditions will not form part of any agreement concluded between us in respect of the booking of tickets.
9)We will retain records of ticket purchases made by you and you will be able to access outstanding booking requests with us at https://www.computicket.com/master/reports_web.Transactionhistory. Such records may be archived at any time as from 6 (six) months after your purchase and will then become inaccessible to you. For information on archived records you can call our Customer Care Centre on +27 (0) 11 340 8000 or 0861 915 8000 or via email at info@computicket.com.
10)If any problems arise in respect of delivery or the handling of your ticket purchases please contact our Customer Care Centre on +27 (0)11 340 8000 or 0861 915 8000.
3.Description and Pricing
1)The details of the events (including the details of the relevant Event Organiser, venues and seating arrangements) for which tickets are offered will be as described on our website at www.computicket.com. Such descriptions are provided to us by the relevant Event Organisers. WE DO NOT ENDORSE ANY OF THE EVENTS AND WE DO NOT DETERMINE OR CONTROL DELIVERY, TICKET PRICES OR AVAILABILITY IN RESPECT OF THE EVENTS AND CAN THEREFORE NOT ACCEPT RESPONSIBILITY FOR ANY INACCURACY, UNAVAILABILITY OR CHANGES IN PRICING THAT MAY OCCUR. WE ARE ALSO NOT RESPONSIBLE FOR SECURING ANY VENUE, GRANTING YOU ADMISSION TO ANY VENUE OR FOR THE SECURITY OR SEATING ARRANGEMENTS FOR ANY VENUE, OR FOR THE SCHEDULING, TIMELY DELIVERY, SUITABILITY OR QUALITY OF PERFORMANCES, VENUES OR THE SEATING ARRANGEMENTS. PLEASE CONTACT THE RELEVANT EVENT ORGANISER IF YOU ARE DISSATISFIED WITH ANY OF THE AFORESAID.
2)The supply of tickets offered to you depends upon the availability thereof. We may without prior notice change the price, change or 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.
3)Unless otherwise stated, all ticket prices displayed are in South African Rand. All prices indicated as applying to tickets will be exclusive of delivery fees which will be separately charged to you in respect of all deliveries in accordance with the specified rates. In the event of a cancellation, exchange or replacement of tickets at your request a stipulated handling fee and/or a cancellation fee may also apply.
4)All prices indicated as applying to tickets will be inclusive of VAT but exclusive of any other taxes and duties, which, unless otherwise indicated, will also be charged separately if applicable.
4.Payment
1)You will be required to provide the necessary payment account details (such as credit card details) when submitting your booking request. By submitting a booking request to us, you authorise us to debit your designated account with the relevant amounts due for the tickets ordered. Such authorisation will allow us to obtain payment at any time after our confirmation of your booking. We will not be obliged to issue any tickets to you prior to receiving full payment of the full agreed amount payable in respect of such tickets. Should we be unable to duly effect such payment for any reason your booking may be cancelled and your tickets may be resold to another customer without further notice. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
5.Ticket Collection and Delivery
The following options are available based on your selection at the time of check out; you can:
Collect from a store; or
Collect from the venue box office; or
Download an electronic ticket or reference number; or
Print your ticket at home; or
Have your ticket delivered to you.
You can collect your tickets at any Money Market kiosk prior to the event, or if a box office is available at the relevant venue, at such box office. We recommend that you collect your tickets at least 48 (forty-eight) hours before the event. You will be required to present your credit card, reasonably acceptable photo identification (ID book or passport) and any booking number that we may have issued to you. We will not be obliged to provide the tickets to anyone failing to provide us with such details.
2)Card imprints – for your convenience we offer card-not-present (CNP) transactions via our Call Centre and Internet. As a security measure and in order to ensure the integrity of the transaction, no CNP transaction will be completed without us obtaining a clear and legible imprint of the customer’s bank card and signature when the customer collects its pre-booked tickets. The reason for the card imprint is to prove to local or overseas banks that the card is in fact related to the manual transaction. All banks require their merchants to make an imprint of the card if manual intervention takes place, i.e. Call Centre and Internet transactions.
3)You may also be provided with electronic tickets containing unique identification numbers, barcodes and/or access codes. You are responsible for keeping such identification numbers, barcodes and/or access codes secure since such identification numbers, barcodes and/or access codes will enable the first user thereof to access to the relevant event and only a single use thereof will be permitted.
4)You may sometimes elect to have your tickets delivered to you at a specified delivery address. Such delivery will be subject to the courier’s delivery terms (“Courier Terms”) available at https://www.computicket.com/computicket/links/deliveryTerms.html. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU APPOINT THE COURIER ON SUCH COURIER TERMS WHEN YOU ELECT TO HAVE THE TICKETS DELIVERED TO YOU. You will be required to pay the delivery fees charged by such courier for delivery of the tickets and such fees are not refundable under any circumstances.
5)The courier will only deliver tickets within certain designated areas. If your specified delivery address does not fall within these areas, the courier will not be able to deliver the applicable tickets to you. If your specified delivery address is within the designated delivery areas, we will endeavour to have your tickets delivered to you within a reasonable time of your booking, but we will require at least 4 (four) working days (Mondays to Fridays excluding public holidays) from the date of purchase. Unless otherwise agreed, delivery will be made during business hours on working days (Monday to Friday 0800 to 17h00) only, and may be arranged with you in advance.
6)Upon delivery of tickets, you or any person accepting delivery on your behalf will be required to present the courier with your credit card for an imprint to be made and to sign a copy of the delivery note showing the items delivered, the delivery fees, VAT and the amount already paid and any amount still payable in respect of such tickets. We are entitled to assume that anyone other than yourself who receives delivery of the tickets at the specified delivery address is authorised to accept delivery on your behalf.
7)Additional delivery fees may be charged for failed deliveries to the specified delivery address if nobody is present to accept delivery at a prearranged time.
6.Ticket Resales
Reselling of tickets purchased from us is strictly prohibited. Any resale of tickets purchased from us (or attempt thereof) will entitle us to cancel such tickets and to resell them to our other customers. No ticket purchased from us may be used for advertising, promotion or competition purposes unless formal written authorisation has been obtained from us, provided that even if such consent is obtained, you may not use our trademarks save as expressly authorised by us.
7.Lost, Stolen and Destroyed Tickets
Only the first person using a ticket or, in the case of an electronic ticket, using the unique identification numbers, barcodes and/or access codes provided with such electronic ticket, will be permitted access to an event. Risk for loss and damage to the tickets shall pass to you upon receipt thereof. Tickets that have been lost, stolen or destroyed will not be refunded or replaced for any reason.
8.Cancellations, Refunds and Exchanges
1)You may cancel any booking submitted to us for tickets that have not yet been issued to you at any time prior to the date of the event to which such booking pertains, by sending a cancellation notice to info@computicket.com or calling our Customer Care Centre on +27 (0)11 340 8000 or 0861 915 8000. You may also cancel and return any issued tickets acquired from us at any time prior to the scheduled date of the event to which they apply by handing in your tickets at any of our Money Market kiosks. When you cancel your booking or return your tickets you must provide us with the relevant booking number. Following receipt of your booking cancellation or returned tickets, we will refund you the face value paid for the relevant tickets (or, if a discounted ticket, we will refund the discounted ticket price paid), provided that reasonable cancellation charges as determined by the Event Organiser may be charged and deducted from such refund. Unless otherwise stipulated by the Event Organiser and depending on the prevailing circumstances the following cancellation charges may apply:
If the cancellation occurs more than 30 (thirty) days prior to the event a 15% (fifteen percent) cancellation fee will apply;
If the cancellation occurs less than 30 (thirty) days but more than 7 (seven) days prior to the event a 50% (fifty percent) cancellation fee will apply;
If the cancellation occurs less than 7 (seven) days prior to the event a 100% (one hundred percent) cancellation fee will apply;
Notwithstanding the aforesaid, if you can provide us with suitable documentary proof that a person in whose name a ticket was booked will not be able to attend the event because of his/her death and/or hospitilisation, no cancellation fee will apply in respect of the cancellation of such person’s ticket.
2)Event Organisers may refuse admission to events, alter the program or seating arrangements for events, or even postpone or cancel events in certain circumstances. In such case, the Event Organiser may offer a refund or exchange of tickets for which you may be required to follow certain procedures specified by the Event Organiser. No refund will apply if you are refused admission to the event because you are younger than the minimum age for attendance specified by law or you otherwise fail to qualify for attendance. Should an event be cancelled or postponed, we will provide a notice on our website at www.computicket.com or contact you to inform you of the relevant refund or exchange procedures for that event. You may also contact our Customer Care Centre on +27 (0)11 340 8000 or 0861 915 8000 for instructions. In order to receive any refund or an exchange that is offered, you will have to comply with the Event Organiser’s instruction and deadlines.
3)If a refund is issued hereunder, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
9.Security
1)We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.
2)Attendance at an event may be hazardous to the health or safety of the attendees or their property. YOU ATTEND EVENTS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ARRANGEMENTS OF ANY EVENT OR FOR YOUR SECURITY OR THE SECURITY OF YOUR PROPERTY IN ATTENDING SUCH EVENT. Please contact the relevant Event Organiser if you have suffered any loss or damage in attending an event.
10.Use of your Personal Information
10.1Computicket respects your privacy and adhere to the principles as set out in the Protection of Personal Information Act 4 of 2013 (“POPI”). For the purposes of providing ticketing services to you, we will require you to provide us with some of your personal information and will treat such information in line with POPI.
10.2Computicket collects personal information from customers to perform the following functions:
a)Processing of ticket purchases;
b)Customer service and experience;
c)Fraud detection;
d)Fulfilment of services provided to customers;
e)Communicating to customers when conditions and/or circumstances of any event has changed; and
f)If the appropriate consent has been obtained, outbound marketing to Computicket customers.
10.3As a general rule, Computicket will only collect personal information directly from a customer, unless the customer has obtained the consent of another person to book an event on their behalf or where the customer is under the age of 18 (eighteen) if their parent or legal guardian has consented to the supply of their personal information.
10.4We may also make available your personal information to our affiliates (who may be located outside South Africa) if you have provided consent thereto, in order to enable them to offer goods and services to you that they think will interest you. By using our services and by submitting your personal details, you consent to this transfer and to receive direct marketing material from us and/or our affiliates. We will ensure at all times that the information so shared will be protected as required by POPI.
10.5We may receive information about you from reliable third parties, if you have provided the necessary consent, and add it to our database. We shall ensure that such third parties operate a similar policy to us in relation to your privacy. When we receive such information, we shall use it to improve the personalisation of our service.
10.6We collect information when you contact our Call Centres to respond to your query.
10.7When you contact our customer support services, we collect information that helps us to categorise your query, respond to it and, if applicable, investigate what went wrong. We also use this information to track potential problems and trends to customise our support responses to provide a better service to you. Calls are recorded for quality control and record-keeping purposes.
10.8Our call centres are committed to keeping your personal information safe and secure. Please take care not to provide more information than what we ask for. Please do not provide your bank account details or passwords to our Call Centre Agents. Any unnecessary information you give us will not be retained
10.9We may use recorded calls for the training of our call centre agents to ensure that our agents deal with your queries effectively.
10.10If you do not want to receive the information as set out in clause 10.4 above then please send an e-mail to us at unsubscribe@shoprite.co.za or contact our Customer Care Centre on 0800 01 07 09. Alternatively, you are entitled to opt-out of any marketing communications received by excercising the opt-out function on the respective channel.
11.Warranties and Liability
1) ALTHOUGH WE TRY TO ENSURE THAT THE PARTICULARS OF THE EVENTS THAT APPEAR ON OUR COMPUTER SYSTEMS OR MOBILE APPLICATIONS ARE DISPLAYED AND DESCRIBED COMPLETELY AND ACCURATELY, WE 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 SAVE TO THE EXTENT THAT SUCH LIABILITY IS CAUSED BY OUR GROSS NEGLIGENCE OR FRAUD.
2) WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
3)IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY BOOKING EXCEED THE TICKET PRICE ACTUALLY RECEIVED FROM YOU IN RESPECT OF SUCH BOOKING, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
4)Further, by agreeing to be bound by these terms of use, you agree to indemnify Computicket in respect of:
a)All demands, claims, actions, losses and damages of whatever nature which may be brought against Computicket arising from the malfunction or failure or unavailability of any computer system or mobile application function, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, terrorism, any other event beyond Computicket’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information;
b)Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
c)Any unauthorized access to your account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your device which can be used to access your account.
d)Any loss or damage occasioned by the failure by you to adhere to these terms of use and/or by supplying incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by Computicket as a consequence of any breach of these terms of use.
Part C: Competitions
1)Unless expressly stated otherwise these terms of use will apply to all competitions offered by us. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on our website at www.computicket.com. The competition offer will set out at least the following:
• The prizes on offer;
• The steps required to participate;
• The basis for determining the winners;
• The closing date;
• How the winners will be made known;
• Where, when and from whom prizes are to be claimed; and
• The address of the web pages where the competition rules and these terms can be obtained.
2)All competitions offered will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.
3)Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% (five percent) shareholding in any of our group entities, as well as any immediate family members of any of the aforesaid are prohibited from entering any competitions offered by us.
4)The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
5)We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
6)Any entrant may be required to submit proof of age. If you are not yet 18 (eighteen), you must obtain your parents' or legal guardians' advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
7)The judges’ decision will be final. We will not enter into correspondence. All entrants' information will be used only in accordance with our Data Privacy Statement at https://www.shopriteholdings.co.za/content/dam/shp/docs/shp-data-privacy.pdf.
8)Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.
9)Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
10)We reserve the right not to award a prize in any situation where it would be unlawful to do so.
11)Multiple winners may be subject to tie-break to decide an outright winner.
12)We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
13)Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
14)No cash alternative is available to any prize unless expressly stated otherwise.
15)Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
16)If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
17)Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
18)WE ACCEPT NO RESPONSIBILITY FOR ANY INCORRECT OR INCOMPLETE REGISTRATION DETAILS THAT YOU MAY SUPPLY AS PART OF YOUR REGISTRATION. NO RESPONSIBILITY WILL BE ACCEPTED FOR UNDELIVERED, LOST OR DELAYED ENTRIES. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
19)YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE ECLUDED UNDER APPLICABLE LAW.
Part D: Complaints and General
1)We aim to provide you with quality services. If, however, you feel that you have cause to complain, you can email is at info@computicket.com or call our Customer Care Centre on +27 (0)11 340 8000 or 0861 915 8000 Mondays to Fridays from 08h00 to 17h00 (GMT + 2h00). We will do our best to resolve any problems that arise within a reasonable period, depending on the complexity of the matter. We require that you provide us with the following information as part of your complaint:
Your full names, physical address, telephone number and email address;
The location and description of the service feature or transaction which is the cause of your complaint;
The problem with the service or transaction or rights that you allege to be infringed by such feature or component;
The actions you would like us to take to remedy the problem;
A statement confirming that you are making the complaint in good faith;
A statement confirming that the information you are providing to us is to the best of your knowledge true and correct; and
Please incorporate your signature into the complaint.
2)Use of our computer systems, mobile applications and services are subject to the laws of the Republic of South Africa, and subject to the jurisdiction of any South African Magistrate’s Court of competent jurisdiction in respect of your person to adjudicate on any dispute arising from or in connection with these terms of use notwithstanding that the amount in dispute may exceed such court’s jurisdiction, and you consent thereto. You agree to accept service of legal process at the addresses you may provide to us.
3)These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to your use of our computer systems, mobile applications, the services offered and any products and services acquired through our computerised services or mobile applications. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.
4)Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
5)You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
6)WE WILL BE EXCUSED FROM A FAILURE TO PERFORM OR DELAY IN PERFORMANCE OF OUR OBLIGATIONS HEREUNDER IF AND TO THE EXTENT THAT CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL PREVENT OR DELAY SUCH PERFORMANCE.