Website Terms And Conditions

(Version: 1 August 2019)

Notice

(a) Your use of our online services at www.koid.co.za are subject to the current version of these terms and conditions published at the aforesaid website. It is your obligation to ensure you are familiar with the latest version. If you do not accept our terms of use, do not proceed to use our services.

(b) These terms and conditions contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms are specifically drawn to your attention. You should pay particular attention to these terms since they limit your ability to recover losses in respect of the use of our services.

(c) If you are not yet 18 years old, you must obtain your parents’ or legal guardians’ consent to use our services.

(d) By clicking the “I ACCEPT THESE TERMS AND CONDITIONS” button, you signify your agreement to be bound by all of the provisions contained in these terms and conditions.

 

I GENERAL

1 Definitions

In these terms and conditions:

1.1 “We”, “us” and “Koid” mean Cloud Hut (Pty) Ltd t/a Koid its owners, employees, contractors, suppliers, service providers, agents and affiliates, unless the context indicates otherwise;

1.2 “You” means the user of our services.

1.3 “Agreement” or “User agreement” means these terms and conditions of use accepted by you.

2 About us

2.1 Our full name is Cloud Hut (Pty) Limited t/a Koid, being a private company registered in accordance with the laws of the Republic of South Africa.

2.2 Our physical address is at 162 Derby Drive, North Riding, Johannesburg, Gauteng.2169

2.3 Our website address is at www.koid.co.za  and our email address is team@koid.co.za

2.4 Our registration number is 2015/160824/07 and our managing director is Dale Heger.

2.5 We shall accept legal service of documentation at the aforesaid address.

3 Terms and Conditions of Use

3.1 You may not access or use and interact with our website for any purpose other than for utilising the services offered in the ordinary course of business. You are liable for the cost of all electronic communications with our website. You may not access our website for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly authorised and licensed to do so by us in writing. You may not use your access to our website in a manner that would bring us and our business into disrepute. Furthermore, you may not access our website 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 our computer systems by any other person. You must comply with all statutes, regulations and codes of conduct applicable to the use of our website. You may not post or transfer any material to our website that is unlawful or violates any third party’s rights or which is pornographic, 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. We may delete any material you have submitted to our website and/or suspend your access to any part of our website at any time without notice.

3.2 We do not distribute or endorse any products, services or events posted or promoted on our website or made available via our services. 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. We merely act as a ticket selling agent for such suppliers.

3.3 We do not usually monitor, edit, control or filter the content submitted to our website 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 legal, financial or otherwise.

3.4 Notwithstanding that our website may enable access to third party systems and that some third party systems may enable access to our website we do not control, endorse or approve the activities or content made available via any such third party systems.

3.5 All proprietary rights (including without limitation, the trade marks, copyright and patent rights) attaching to our website 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. You grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free licence 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.

3.6 We reserve the right, without notice and in our sole discretion, to make changes to our website, including to change or discontinue any aspect or feature of our services.

3.7 You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You accept that you will be personally liable for all transactions concluded on your account.

3.8 We have to protect our business and secure our website and entire computer system. We may monitor and keep records of any communication that you may send to or receive from our website 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.

3.9 THE DOWNLOADING AND USE OF DATA FROM OUR COMPUTER SYSTEMS IS DONE AT YOUR RISK. YOU SHOULD INDEPENDENTLY VERIFY THE COMPLETENESS AND RELIABILITY OF INFORMATION OBTAINED FROM OUR WEBSITE. VIRUSES OR CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR COMPUTER COULD BE TRANSMITTED TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE PROTECTION MECHANISMS (SUCH AS INSTALLING VIRUS PROTECTION SOFTWARE) TO PREVENT SUCH HARM FROM OCCURRING.

3.10 RELIANCE ON AND USE OF OUR WEBSITE, CONTENT THEREON AND SERVICES ARE AT YOUR EXCLUSIVE RISK. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED BY YOU, WHETHER IN CONTRACT, DELICT (TORT) (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, ARISING FROM YOUR USE OF OUR WEBSITE, ITS CONTENT OR THE SERVICES PROVIDED..

II PURCHASE OF TICKETS

1 General

1.1 All ticket prices for events in South Africa are stated in South African Rand. If you are making use of our service from outside South Africa you are liable for any currency conversion costs, exchange rate fluctuations and international bank fees that may be charged by your bank in addition to the advertised price of the ticket, and you shall have no claim against us in respect of such losses suffered.

1.2 We act only in the capacity of an agent for the providers, promoters and organisers of events (“Promoters”). We sell tickets to you and collect payment from you on behalf of such Promoters. Each ticket that you purchase from us is subject to the terms of use contained herein as well as the Promoter’s terms and rules applicable to the particular event (“Event Terms”). Such Event Terms may be referred to or set out directly on the relevant ticket or incorporated by reference by reflecting website details where such terms my be retrieved, or may otherwise be made available to you on our computer systems, by, for example, directing you to the relevant Promoter’s website by way of hyperlink containing such terms and conditions. You will in any event be required to accept the Event Terms by a positive affirmative action, in addition to the terms contained herein, before proceeding with your ticket purchase.

1.3 Each ticket that you purchase from us is intended to be a revocable licence to attend the particular event to which the ticket pertains only and will not enable you to attend any other event.

1.4 As Koid sells tickets on behalf of Promoters, teams, bands and venues, we do not set the ticket prices or determine seating locations. Promoters generally sell tickets through several distribution points, including online, phone centres, retail locations and box offices. Most distribution points generally access the same ticketing system database and inventory. Tickets for popular events often sell out very quickly. Koid does not control ticket inventory or availability.

1.5 Each time a ticket is ordered through Koid, the pool of available seats is immediately reduced by the seats sold and payment is held for distribution to the Promoters.

1.6 These terms of use apply only to the processes relating to the use of our website described herein. Your rights under the ticket issued to you are enforceable against the Promoter only and are regulated by the Event Terms. It is your responsibility to fully familiarise yourself with the relevant Event Terms and accept them before submitting a booking request.

2 Process

2.1 You must complete the online booking form must be completed to book tickets.

2.2 You must be over the age of 18 to conclude a binding contract with us through our website If you under 18, you must have obtained the consent of your parents or legal guardian to submit a booking. If you do not comply with the aforesaid you may not submit any booking for tickets via our website. We may require documentary verification of your age and/or the consent of your parents or guardian prior to accepting any booking..

2.3 The booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction should you wish to, before submitting your final booking request. It is your obligation to ensure that the booking details are correct before submitting the booking request. We place limitations on the number of ticket bookings to discourage unfair booking practices.

2.4 A submitted booking request constitutes an offer on the terms and conditions contained in these terms of use and the Event Terms, which is open for acceptance by us in order to conclude a binding agreement with you. It is your obligation to review and accept such Event Terms before making a booking. Upon receipt of your booking request, we will send you confirmation of acceptance or of rejection of your booking request containing a booking number.

2.5 A binding contract will be formed upon the earlier of (i) transmission of acceptance of your booking, or (ii) electronic delivery of the tickets in accordance with these terms to you. We reserve the right not to accept or process your booking request and we will notify you if this is the case. We may refuse to sell you tickets to events for which you do not meet the specified qualification criteria set out above.

2.6 We cannot guarantee that confirmation notices will be received by you, nor that, if received, that they will be legible and uncorrupted. The failure to receive a booking confirmation will not affect the validity of the ticket booking agreement concluded..

2.7 If you do not receive a booking confirmation subsequent to submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should verify with us whether your order has been received and processed. We are not liable for any losses you may suffer as a result of failing to confirm your booking as set out above.

2.8 These terms of use supersedes any attempt to incorporate contrary terms (e.g. by sending an additional email to us) in your order..

2.9 We will retain records of ticket purchases made by you for a limited period and you will be able to access outstanding booking requests with us through a pop-up Help facility found on promoters ticket buying page.

2.10 If any problems arise in respect of delivery or the handling of your ticket purchases please contact us on team@koid.co.za or utilise the website pop-up Help facility.

3 Pricing

3.1 The details of the events (including the details of the relevant Promoter, venues and seating arrangements) for which tickets are offered will be as described on the Promoter’s web site. Such descriptions are provided to us by the relevant Promoters.

3.2 The supply of tickets offered to you depends upon the availability. 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.

3.3 In the event of a cancellation, exchange or replacement of tickets at your request a stipulated handling fee and/or a cancelation fee may apply.

3.4 All prices indicated as applying to tickets will be inclusive of VAT but exclusive of any other taxes and duties and service fees, which will be charged separately if applicable, unless otherwise indicated.

3.5 Prices of each ticket purchased through Koid will include all per ticket service fees. Specific ticket prices and service fees will be as stated on the promoter website and will be as shown in the “check out” screens displayed when you complete your ticket order.

3.6 WE DO NOT ENDORSE ANY OF THE EVENTS AND WE DO NOT DETERMINE OR CONTROL TICKET PRICES OR AVAILABILITY IN RESPECT OF THE EVENTS AND WILL 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. ALL ENQUIRIES IN THIS REGARD MUST BE DIRECTED TO THE RELEVANT PROMOTER.

4 Payment

4.1 You will be required to provide the necessary credit card payment 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 effect such payment for any reason your booking may be cancelled and your tickets may be resold to another customer without further notice. You confirm that you are duly authorised to make payments from the account designated by you. You hereby authorise us to pay all amounts to be refunded to you into such credit card account.

4.2 Koid accepts several credit cards as methods of payment. For South African events, Koid accepts, Visa and MasterCard.

5 Delivery

5.1 All tickets purchased through our website will be delivered to you electronically (by downloading the ticket from our website or by us sending it to you by email). You may then print such ticket for presentation at the event in question.

5.2 You will 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.

6 Resales

6.1 When purchasing tickets through Koid you are limited to no more than a specified maximum number of tickets for each event as shown on our website. The purpose of this ticket limit is to prevent someone from buying a large number of seats to a popular event and then reselling them to the public at excessive prices or the establishment of other unfair ticket practices.

6.2 Reselling of tickets purchased from us is strictly prohibited. Any resale (or attempt) of tickets purchased from us 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 Cancellations, Exchanges and Refunds

All cancellations, refunds and exchanges will be governed by the Promoter’s Event Terms.

8 Lost and Stolen Tickets

The first person using the unique identification numbers, barcodes and/or access codes provided with the electronic ticket, will be permitted access to an event. Risk for loss, theft and damage to the tickets shall pass to you upon your receipt thereof. Tickets that have been lost or stolen will not be refunded or replaced for any reason. It is your obligation to safeguard your tickets.

9. Personal Data

We may use your personal information for the purposes of executing transactions, for billing purposes or in order to provide relevant advertising to you. We may send you information, special offers and advertising by email, through SMS, within our regular newsletters, through once-off promotional offers or by telephone, should you agree to receiving such material.

10.  Security

We will use commercially reasonable measures to ensure that sensitive information (such as your credit card details) provided to us are suitably protected. This may include cryptographic techniques to protect such information. We do not guarantee the absolute security of any information you transmit to us or that is transmitted to you or any other person.

11. Warranties

11.1 ALTHOUGH WE TRY TO ENSURE THAT THE PARTICULARS OF THE EVENTS THAT APPEAR ON OUR COMPUTER SYSTEMS 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.

11.2 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 (TORT) (INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

11.3 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 (TORT), INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

11.4 EVENT RELATED INJURIES OR LOSSES. AT SPORTING EVENTS BALLS OR OTHER MATERIALS MAY ENTER THE SPECTATOR AREA AND CAUSE AN INJURY. THERE IS ALWAYS THE POSSIBILITY OF FIGHTS, FIRES OR OTHER INJURING CAUSING OCCURRENCES. Koid HAS NO CONTROL OVER THE EVENT. YOU HEREBY AGREE THAT Koid WILL HAVE NO LIABILITY TO YOU OR ANY OTHER TICKET HOLDER WHOSE TICKETS WERE PURCHASED THROUGH Koid FOR ANY LOSSES, DAMAGES, DEATH OR INJURY SUFFERED IN CONNECTION WITH THE EVENT.

11.5 KOID DOES NOT PROMISE THAT OUR WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. OUR WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” (VOETSTOOTS) AND “AS-AVAILABLE” BASIS.

11.6 KOID CANNOT AND DOES NOT INSURE THAT MATERIAL YOU MAY DOWNLOAD FROM OUR WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

11.7 KOID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING DISCLAIMING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KOID WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS SITES OR THE PURCHASE OF ANY TICKETS TO ANY EVENTS, INCLUDING WITHOUT LIMITATION, NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. KOID MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF ITS SITES OR USE OF THE Koid SERVICE OR THE QUALITIES OR CHARACTERISTICS OF ANY EVENT.

11.8 KOID DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OTHER TICKET BUYERS, ADVERTISERS,  SPONSORS ON OUR WEBSITE, OR PROMOTERS IN CONNECTION WITH THE Koid SERVICE, THE EVENT ITSELF, OR OTHERWISE RELATED TO YOUR USE OF OUR WEBSITE AND/OR THE Koid SERVICE.

III COMPLAINTS PROCEDURE

1. In the unlikely event of you having reason to lodge an enquiry, you my direct it by email to team@koid.co.za . We will use our best endeavours to resolve it as soon as reasonably possible.

2. In order to resolve it as soon as possible, ensure that you provide us with full details of your identity, contact details and cause of complaint

3. These terms of use (and the additional terms incorporated herein by reference) constitute the entire agreement between you and us with respect to your use of our website, the services and any products and services acquired through our website. These terms of use shall override any contrary communications by you and any such conflicting claims or statements 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 are not liable for a failure to perform or a delay in performing  our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay us from performance.

7. Indemnity. By purchasing a ticket through Koid, you agree to indemnify Koid and to hold Koid and its officers, directors, agents, employees, contractors and principals, harmless from any loss, cost, liability, claim or demand, including reasonable attorneys’ fees incurred by Koid, in connection with any third party claim, demand or liability, which claim or loss is based on, related to or arises out of your use of our website or your purchase of a ticket through our website, or your attendance at the event for which the ticket was issued except to the extent that the claim or loss was due to the negligent or wrongful conduct of Koid.

8. Governing law. If you have a dispute with Koid and your dispute involves an event (or a ticket for an event) that is located in South Africa, then the dispute will be governed by the laws of the Republic of South Africa.

9. Dispute Resolution. All disputes arising out of or in connection with these website terms and conditions shall be finally settled by way of arbitration under the Arbitration Foundation of South Africa’s (AFSA) Expedited Rules. The decision of the appointed arbitrator will be final and binding, with neither party having the right to appeal such decision. You agree that such proceedings will be presided over by only one arbitrator. The arbitration proceedings shall be held at Johannesburg. You undertake to at all time use your best endeavours to bring any arbitration proceedings commenced to a swift conclusion.