Terms And Conditions
Important Notice
Please read our terms of use carefully. Your use of our computerized services will be subject to the then current version of these terms published on our web site at www.kimberleyevents.co.za at the time of your use. If you do not accept our terms of use, you may not use our services.
Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts 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.
If you are not yet 18, 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 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 and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.
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 at all times prior to using our services since the then current version of the terms will apply to your use.
Should you have any questions regarding these terms of use, please send an e-mail to us at info@kimberleyevents.co.za
General Information
For your convenience, we have listed below some general information about ourselves:
• “We” are Kimberley Events and “us” and “our” have a corresponding meaning herein.
• Our telephone nr +27 83 350 3504
• Our web site is located at www.kimberleyevents.co.za
• Our e-mail address is info@kimberleyevents.co.za
General Conditions of Use
You are solely responsible for any and all fees that may apply to your communications with our computer systems.
You may not access or use our computer systems for any purpose other than for utilizing the services offered via such systems in the normal manner. You may not access our computer systems 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 in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access our computer systems 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 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. You may not to post or transfer any material to our computer systems 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. We may delete any material you have submitted to our computer systems and/or suspend your access to any part of our computer systems at any time without notice.
We do not usually monitor, edit, control or filter the content submitted to our computer systems 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 authorized 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 us if you have a complaint about the activities of or content submitted by a user of our computerised services.
We do not distribute or endorse any products, services or events posted, promoted and/or listed on our computer systems 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.
Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in our computer systems 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 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.
THE DOWNLOADING AND USE OF DATA FROM OUR COMPUTER SYSTEMS IS DONE AT YOUR SOLE DISCRETION. YOU SHOULD INDEPENDENTLY VERIFY THE COMPLETENESS AND RELIABILITY OF INFORMATION OBTAINED FROM OUR COMPUTER SYSTEMS. ALSO BE AWARE THAT VIRUSES OR CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR COMPUTER SYSTEM COULD BE TRANSMITTED TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.
ACCESS TO OUR COMPUTER SYSTEMS AND SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR COMPUTER SYSTEMS, 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), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF OUR COMPUTER SYSTEMS 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.
We reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of our computer systems. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of our services.
We also reserve the right, without notice and in our sole and absolute discretion, to make changes to these terms of use. It is your responsibility to review our terms of use on each occasion prior to making use of our services. If you continue to use our computer systems and services after our amended terms of use has been published, it will constitute a deemed acceptance of such amended terms of use.
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 will be required to enter your username and password every time you want to use one of our subscription services. YOU ACCEPT THAT YOU WILL BE PERSONALLY LIABLE FOR ALL TRANSACTIONS CONCLUDED ON YOUR ACCOUNT.
We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use our services. We may also use such information to inform you about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us information, you consent to our use of it for these purposes and for the purposes outlined in our Client Information Processing Policy, including for the purpose of processing your orders and instructions..
Ticket Purchasing Terms
All ticket prices 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.
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.
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 familiarize yourself with the relevant Ticket Terms before submitting a booking request.
No Places/seats can be reserved, if not mentioned on the specific Event. All bookings are made on a first-come, first-served basis
Booking Process
To book tickets with us, you will be required to complete the prescribed booking form. You must be over the age of 18 and able to conclude binding contracts to submit a booking to us or, if you under the age of 18, you must have obtained the consent of your parents or legal guardian to submit a booking to us. 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 prior to accepting any booking from you.
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.
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.
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. 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.
Please note that while we 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 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.
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.
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 us immediately.
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.
We will retain records of ticket purchases made by you and you will be able to access outstanding booking requests with us at (email). Such records may be archived at any time as from six months after your purchase and will then become inaccessible to you.
If any problems arise in respect of delivery or the handling of your ticket purchases please send an email to (email).
Description and Pricing
The details of the events (including the details of the relevant Venue and seating arrangements) for which tickets are offered will be as described on our web site at www.kimberleyevents.co.za. 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.
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.
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.
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 be charged separately if applicable.
Payment
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 authorization 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.
Ticket Collection and Delivery
The following options are available based on your selection at the time of check out;
You can:
• Download an electronic ticket or reference number
• Print your ticket at home
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.
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 your receipt thereof. Tickets that have been lost, stolen or destroyed will not be refunded or replaced for any reason.
Cancellations, Refunds and Exchanges
NO CANCELATION OR REFUND FOR TICKETS BOUGHT WILL BE ACCEPTED.
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 web site at www.kimberleyevents.co.za or contact you to inform you of the relevant exchange procedures for that event. In order to receive any refund or an exchange that is offered, you will have to comply with the Event Organiser’s instructions and deadlines.
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.
Security
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 THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.
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. .
Use of Your Personal Information
We may use your personal data, email address, for the purposes of executing transactions concluded with you, for billing purposes or in order to serve relevant advertising to you.
Warranties and Liability
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 WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING
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.
Competitions
Unless expressly stated otherwise these terms 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 web site at www.kimberleyevents.co.za. 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
• The address of the web pages where the competition rules and these terms can be obtained
All competitions offered will be open to residents of South Africa only. 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.
The closing date for any competition will be as stated. We cannot accept responsibility for late entries.
Any entrant may be required to submit proof of age. If you are not yet 18, 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.
The decision will be final. We will not enter into correspondence.
Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.
Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
We reserve the right not to award a prize in any situation where it would be unlawful to do so.
We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
Your name and place of residence may be published when winners are announced.
No cash alternative is available to any prize unless expressly stated otherwise.
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.
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.
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.
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.
Complaints and General
We aim to provide you with quality services. If, however, you feel that you have cause to complain, you can email is at (email). We will try to do our best to resolve any problems that arise. 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
• Please incorporate your signature into the complaint
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.
Kimberley Events inform all the guests before,the Event that they have to behave in a responsible manner during all activities so as to uphold our good name and reputation. We hold the right to remove any person that miss behave from the premises at any time, and no refunds will be given for tickets
We cannot be held liable for any damages of whatsoever nature, property loss, injuries or death caused or suffered by a Participant who was under influence of alcohol or any other drugs.
We will not tolerate any form of vandalism to the venue or any of the structures hired by Event Organizer. Should any person break these rules, we have the right to take that person/s fully responsible for any cost or lost for this type of vandalism
The possible last minute cancellation of an outdoor Event in case of extreme weather conditions, if the organizer of the Event so decides.
No person under the age of 18 will be allowed without a guardian
No alcohol will be sold to any person under the age of 18, a valid ID document will be on request.