Terms and Conditions for Organisers
The FIXR mobile application, website (www.fixr.co), entry manager application and content management system (individually and together (the “Platform”) are owned and operated by VIPR Digital Limited (trading as FIXR). Event Organisers in the United Kingdom and United States enter into these Terms with VIPR Digital Limited, a private limited company, registered in England (company number: 8184813, registered office: 25-26 Poland Street, London W1F 8QN, UK), with VAT registration number 161892490. Event Organisers in South Africa enter into these Terms with FIXR Ticketing Proprietary Limited (registration 2023/218762/07), a wholly owned subsidiary of VIPR Digital Limited with registered office at 38 Wale Street, Cape Town City Centre, Cape Town, 8000, South Africa. In these Terms references to “FIXR”, “we”, “our” and “us” shall be references to VIPR Digital Limited and/or FIXR Ticketing Proprietary Limited, as the case may be. Event Organisers in Jersey enter into these Terms with VIPR Digital Limited.
These are the terms and conditions of service for Event Organisers (defined below) (“you” and “your”) which apply to the Platform (the “Terms”). By accessing the Platform, creating an event organiser account with us, marketing your Events, selling tickets, or carrying out other activities using the Platform, you are subject to the Terms and agree to be bound by them. You should make yourself aware of the Terms and print a copy for future reference if necessary. The Terms may be updated at any time.
Any personal information that you provide to us via the Platform will be governed by the terms of our Privacy Policy.
For Event Organizers in the United States, the U.S. Specific Terms in Sections 16-25 (the “U.S. Specific Terms”) also apply to your use of the Platform and constitute part of the Terms. In the event of any conflict between the U.S. Specific Terms and any other terms of these Terms, the U.S. Specific Terms shall control with respect to Event Organizers in the United States.
For Event Organisers in South Africa, the South African Specific Terms in Section 19 (the “South African Specific Terms”) also apply to your use of the Platform and constitute part of the Terms. In the event of any conflict between the South African Specific Terms and any other terms of these Terms, the South African Specific Terms shall prevail with respect to Event Organisers in South Africa. Sections 16 to 18 do not apply to Event Organisers in South Africa.
For Event Organisers in Jersey, the Jersey Specific Terms in Section 20 (the “Jersey Specific Terms”) also apply to your use of the Platform and constitute part of the Terms. In the event of any conflict between the Jersey Specific Terms and any other terms of these Terms, the Jersey Specific Terms shall prevail with respect to Event Organisers in Jersey. Sections 16 to 18 do not apply to Event Organisers in Jersey.
For the purposes of these Terms, the following, additional definitions shall apply:
“Customer” means an individual or individuals who book tickets for an Event via the Platform.
“Event” means an individual event or events listed on our Platform.
“Event Organiser(s)” means a third-party supplier or suppliers of Events (which will typically include the sale of tickets for Events) which may include a venue, performer, promoter, university society or organisation, or general event organiser.
"Intellectual Property" means all software, inventions, patents, utility models, designs, database rights, copyright and related rights and trade marks (both registered or unregistered), together with all rights to the grant of and applications for the same (including FIXR's white-label websites and mobile applications) and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature.
“POS Services” means FIXR’s point-of-sale functionality branded “FIXR Pay”, including the FIXR Pay application, compatible card readers, terminals, smartphones or tablets, and the recording, reporting and reconciliation of point-of-sale transactions via the Platform, as further described in the FIXR Pay POS Addendum.
Important Notice
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.
1. Your use of the Platform
1.1. You can only use the Platform where you have registered to do so.
1.2. In using the Platform, you agree that:
1.2.1. In making the Platform available to you, we are granting you a limited licence to use the Platform and its services, in accordance with the Terms.
1.2.2. All information provided by you to us, including on registration with the Platform, is true, accurate, up-to-date and not misleading in any respect. You can update your information and details at any time by accessing your account via the Platform.
1.2.3. You are responsible and liable for ensuring that anyone using the Platform via your account log-in details complies with these Terms.
1.2.4. We reserve the right, at any time, to restrict or prevent you from using the Platform, albeit we will look to honour ticket sales where possible, unless you have failed to comply with the Terms, or other circumstances beyond our control apply.
1.2.5. You will comply with all applicable laws.
1.2.6. You have the requisite permission and authority to list the Events and tickets for sale and that you have permission to hold the Event(s) at all venues / locations listed in the Event description. In addition, you will not use the Platform (or any part thereof) for any unlawful purpose, including creating false or fake events with a view to soliciting payment from ticket sales.
1.2.7. You will refrain from doing anything which we believe (in our reasonable opinion) to be disreputable, capable of damaging our reputation, or which compromises the display of content on our Platform or how users interact with the Platform, including but not limited to, uploading suspected spam content or swamping our Platform with your content. We reserve the right to remove on a temporary or permanent basis any content from the Platform which is in breach of these Terms and / or to suspend your account indefinitely.
1.2.8. You will not use the Platform in any way that causes the Platform to become damaged or impaired, or in any way compromises the effectiveness, efficiency or functionality of the Platform.
1.2.9. You will not upload or transmit any computer viruses, macro viruses, trojans, worms or other harmful programmes designed to interfere with, interrupt or disrupt the normal operating procedures of a computer, smart phone, computer tablet or other mobile technology.
1.2.10. You will not attempt any unauthorised access to any part of the Platform, access or attempt to access the accounts of other users, penetrate or attempt to penetrate any security measures, or use or attempt to use the Platform in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
1.2.11. You will not use the Platform to display or disseminate any content which (a) is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise or (b) violates or infringes applicable laws, third-party rights, or terms or policies that apply to such content.
1.2.12. You will not use the Platform to display, link-to, or advertise third party products and services including other ticketing services (unless we expressly agree to this in writing). Furthermore, you will not use the Platform as a listings service with a view to directing people to other ticketing platforms or in such a way which swamps our Platform with an excessive amount of content.
1.2.13. We have limited control over the nature and content of information and communications transmitted and received through the Platform. Although we reserve the right to monitor such content, it is not our typical policy to do so, and we disclaim any liability in respect of such content. Should you wish to complain about another user of the Platform, please contact us.
1.2.14. You will treat Customers introduced to you through the Platform in a respectful manner, and not cause harm to any property or person or engage in any unlawful, threatening, harassing, discriminatory, abusive behaviour or activity when interacting with Customers or using the service under the Platform.
1.2.15. You will not share your password with anyone outside the Event Organiser team, let any such person access your account, or do anything else that might jeopardise the security of your account.
1.2.16 You will keep your account details, including name and correspondence details, payment information, VAT or other taxation details up-to-date at all times.
1.2.17 You are responsible for any data or information that: (a) You (including Event Organizer’s users) submits to the Platform, including from third-party sources; and (b) is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed by FIXR to provide the Platform, including its content and accuracy.
2. Our relationship with you
2.1. Unless we expressly agree in writing otherwise, we act as your agent in facilitating the sale of tickets to Events and, where enabled by us, in processing payments through the POS Services for Event admission tickets, parking or access add-ons, and merchandise or other goods or services sold by you in advance, at the box office or at merchandise stands. We do not purchase tickets or other items, set ticket or item prices, or determine seating at Events (if applicable), and we do not act as seller or supplier of any Event, ticket, add-on, merchandise, goods or services. We simply collect ticket money and POS proceeds on your behalf and supply booking and transaction details to you. Booking details of Customers (i.e. name, email address, phone number (if supplied), date of birth, details of tickets booked and answers to additional questions (if set up and answered)), and POS transaction records where applicable, are provided to you for the sole purposes of enabling you to administer the Event, fulfil relevant sales and reconcile transactions.
2.2. Ownership of tickets and rights to grant entry to an Event remains with you and does not pass to us at any time.
2.3. Please note that we are not responsible for the behaviour, actions or inactions of Customers. Any contract for the provision of Events or other entertainment and Event services is between you and the Customer and not FIXR. We simply provide a platform to introduce you to Customers and vice versa.
2.4. You acknowledge and agree that FIXR is not the creator, organiser, or owner of the Events and their related content. FIXR disclaims all and any responsibility or liability for the running of an Event. You agree that you are solely responsible for ensuring that any page displaying an Event on the Platform and the Event itself meet all applicable local, national and other laws, rules and regulations, including but not limited to, those concerning health and safety (including all applicable Covid-19 rules, regulations and restrictions), noise, capacity, security and licensing. You undertake that the Event or other goods and services as described by you on the Platform are delivered in an accurate, acceptable and safe manner, You agree that you will not use the Platform unless you have the requisite permission, approval and authority from venue owners, local authorities, councils, land owners (as applicable) to run and sell tickets to your Events.
3. Our obligations
3.1. We will display details about you, your Events and tickets for sale for Events on the Platform, but we do not guarantee that any or all of the tickets you make available for sale will be purchased or booked. We take no responsibility for marketing or promoting your Events.
3.2. We retain sole and complete discretion to decide the look and feel of the Platform and the manner and length of time for which Events are publicised. We may remove content or events from display on the Platform at any time and without notice.
3.3. We will obtain payment from the Customer of the face value of a ticket, as set by you, and will forward the full face-value of all sold tickets to you in accordance with our payment terms (see below) as well as any proportion of booking fees charged, as may be agreed between us from time-to-time. We will retain any Transaction Fees charged.
3.4. We will not charge you for the service provided in accordance with these Terms, unless otherwise agreed.
3.5. Subject to the other provisions of these Terms, we will not sell tickets for more than the agreed face value.
3.6. In addition to the face value of a ticket, we typically charge the Customer (i) a booking fee as payment for the services provided by us (although we shall be under no obligation to do so); and (ii) a Transaction Fee as payment for FIXR’s handling of the transaction. The booking fee and the Transaction Fee will be clearly itemised as a separate charge from the face value of the ticket.
3.7. We retain the sole and complete discretion as to whether to charge a booking fee and/or Transaction Fee and the level of such fee. Unless otherwise agreed, you will not be entitled to all or any part of the booking fee and the Transaction Fee shall be retained in full by FIXR.
4. Your obligations
4.1. You confirm that you are authorised to appoint us as your agent in respect of your Events and that all rights and permissions have been obtained to enable us to promote the Events.
4.2. You agree:
4.2.1. To provide accurate, complete and up-to-date information about all Events for which you make tickets available for sale via the Platform, and to maintain that information up-to-date. Such information includes but is not limited to the accurate description of an Event, Event date, opening and closing times, entry cut-off times, venue, location, dress code, age restrictions and any other relevant restrictions or conditions relating to an Event.
4.2.2. That we may place advertising on the Platform, including near or around information about your Event.
4.2.3. To bring to the attention of Customers any terms and conditions of entry and any additional restrictions and / or terms and conditions applicable to an Event.
4.2.4. To provide accurate face value price information for all tickets you make available for sale through the Platform.
4.2.5. To make available a proportion of your Event tickets for sale via the Platform, (the “FIXR Allocation”) and not to sell those tickets by another method unless unsold tickets are first removed from the FIXR Allocation and the Platform.
4.2.6. To carry out regular checks of Events you have created via the Platform to determine how many tickets have been sold and who is attending.
4.2.7. To adhere to the terms and conditions of our Cancellations and Refunds Policy.
4.2.8. To ensure that competent personnel are in possession of any computer or scanning equipment and any printed lists of sold tickets at the entrance to an Event.
4.2.9. To check that all persons presenting themselves at the Event with our m-tickets and e-tickets (including tickets which have been validly transferred via our Platform and whether tickets displayed on our mobile application, via mobile-web, PDF copy, or via another application such as digital wallets) and / or reference codes or other form of ticket we have provided (“FIXR Tickets”) are named on the FIXR Entry Manager Application (or any printed lists) and to confirm their identity to your satisfaction.
4.2.10. To make best efforts to use our Entry Manager Application to validate and process FIXR Tickets (where applicable) and facilitate entry where practicable.
4.2.11. If printed lists of attendees are being used, you will ensure that any printed lists are either updated to reflect ticket bookings made after the time of printing or that tickets cannot be booked after such lists have been printed.
4.2.12. To grant holders of FIXR Tickets priority and speedy entry.
4.2.13. Subject to complying with your terms and conditions of entry, to permit entry to all persons with FIXR Tickets (and any specified number of accompanying persons).
4.2.14. To make best efforts to accommodate late arrivals and FIXR Ticket holders which have missed any specified entry cut-off time.
4.2.15. To honour our FIXR Tickets and to treat them as conferring the same rights as printed tickets or any other form of booking available for the same Event.
4.2.16. Not to admit any person presenting themselves with a FIXR Ticket who cannot confirm to your reasonable satisfaction that they are the ticket holder, including any person who has bought or otherwise obtained a FIXR Ticket from any source other than ourselves.
4.2.17. Not to admit any person who we inform you has obtained a FIXR Ticket fraudulently or in contravention of our Customer Terms and Conditions.
4.2.18. To accept our payment terms (as set out below), and to provide bank details so that payment can be made to you electronically.
4.2.19. To include our ticket links in all relevant website, social media, push notification and email marketing you do for your Events unless we expressly request you not to do this.
4.2.20. To promote and advertise the availability of tickets via the Platform.
4.2.21. Not to use our name, logo, address, URL or any other details of the Platform or any details of FIXR or VIPR Digital Limited on illegal or unauthorised flyposting; in any other publicity activities that may be illegal or contravene local by-laws or planning restrictions; or where we ask you to do so.
4.2.22. That any dispute or complaint regarding the content or quality of an Event, your actions or inactions, or those of your DJs, performers, or your staff and representatives, is deemed to be between you and the Customer, and should be dealt with directly by you.
4.2.23. We may investigate any complaint made against you by a Customer and you will assist us in the handling of such complaint.
5. Tickets and sales
5.1. You may sell any number of tickets for an Event through the Platform, provided the total number does not exceed the legal capacity for the Event.
5.2. You agree not to make available through the Platform and all other methods of sale, more tickets than the legal capacity of the Event.
5.3. Subject to paragraph 4.2.10 of these Terms and any cut-off times specified in, or automatically generated through, the Platform, tickets can be sold as late as you make them available through the Platform and as far in advance as the Platform permits.
6. Pricing, remittance of tickets sales proceeds, fees, and other amounts
6.1. The Platform is free to use. Unless otherwise agreed, we will not charge you any subscription or usage fees.
6.2. Tickets may be sold through the Platform free of charge or at a price determined by you. Unless otherwise stated or agreed, free tickets will not incur a booking fee or Transaction Fee.
6.3. Subject to paragraphs 6.11 to 6.14, we will pay you the total face value of FIXR Tickets sold by us on the Platform for each Event in the same currency as which tickets have been sold. Unless otherwise agreed, we will pay you as soon as possible after the Event (once funds have cleared in our account) and typically within 5 (five) business days of the Event finishing. Our obligation to pay you the total face value of FIXR Tickets sold by us on the Platform for each Event and any other payments owed by us to you shall only arise once (a) the Event has taken place and (b) we have received cleared funds in our bank account from the sale of FIXR Tickets to your Event. If we have agreed to pay you the total face value of FIXR Tickets sold by us on the Platform for an Event and / or any other payments owed by us to you in advance of an Event taking place, we shall endeavour to do so in accordance with reasonable and timely requests by you or in accordance with an agreed payment schedule, however we reserve the right to immediately suspend or stop any and all advance payments to you in our complete discretion, including where we believe an Event might be cancelled, postponed or re-scheduled or where we believe your credit profile, or the risk profile of your Events, has changed. We reserve the right to alter and extend any and all payment terms in our complete discretion at any time including, but not limited to, when there are disputes, chargebacks, allegations of fraudulent transactions, Customer complaints, and refund claims in connection with an Event or where the risk profile of an Event changes - for example, there is an increased risk of an Event being cancelled, postponed or re-scheduled.
6.4. Where you have allowed promo codes to be used by Customers when purchasing FIXR Tickets, this discount will be applied in the Platform at the point of purchase and we will pay to you the total face value of the FIXR Ticket, as adjusted by the promo code, unless we have agreed with you to subsidise the difference.
6.5. We pay by bank transfer direct to your nominated bank account. This transfer is subject to standard banking conditions. It is your responsibility to give us your correct bank details and payment will not be made to you until we have received such details. We accept no liability for payments that are lost because of you giving us incorrect bank details. Any bank or money transfer (including currency conversion) charges to be incurred by us in paying you may be deducted from the amount paid to offset this cost. Following the date which is 180 days from the end of your Event, if you have still not provided us with correct bank details (and we can demonstrate that we have made repeated attempts to contact you about providing these), we reserve the right to retain all proceeds from the sale of FIXR Tickets in relation to that Event. Unless otherwise agreed with you, if funds from the sale of FIXR tickets remain on account with us for more than 6-months and we have made repeated attempts to contact you about making payment of these to you, we reserve the right to retain these funds on the basis we are unable to pay them out to you.
6.6. You do not need to invoice us for the sale of FIXR Tickets. Unless otherwise shown in the Platform, we will not add VAT or other applicable sales taxes to the price of tickets or add-ons. We will not deduct VAT or other applicable sales taxes from the face value of Tickets, add-ons or rebates unless agreed with you otherwise. The proceeds from the sale of FIXR Tickets, add-ons and rebates shall be remitted to you inclusive of VAT or other applicable sales taxes. Accounting for and payment of any VAT or other applicable sales taxes due on the sale of FIXR Tickets or add-ons, or remittance of rebates, is your obligation. If you are registered for VAT, you agree to provide a VAT receipt to Customers who request one.
6.7. We will apply a booking fee on all FIXR Tickets sold through the Platform in accordance with either (i) the pricing displayed on our website or in your organiser account with us (which we may adjust at any time and without prior notice to you); (ii) fees which are the same or similar to pricing arrangements previously agreed with you; or (iii) the fees as otherwise agreed with you. Your organiser account may be updated by us at any time to reflect the fees / pricing displayed on our website, general changes we make to our pricing model and fees, or as we have agreed with you. The booking fee may be internalised / absorbed, as decided by you. FIXR reserves the right to round booking fees up to the nearest £/€/$/R0.10, or other such other currency as tickets are denominated in. We will apply a Transaction Fee on all FIXR Tickets sold through the Platform which shall be calculated by reference to the face value of the tickets purchased within that transaction (also known as the "basket value") (“Transaction Fee”). Unless otherwise displayed, the Transaction Fee shall be inclusive of VAT, and retained in full by FIXR. Further information and rates for Transaction Fees are set out here, as updated and amended from time to time by FIXR.
6.8. We will account for and pay any VAT or other applicable sales taxes due on the booking fee where this is retained by us. If we remit all or part of the booking fee to you, including as a rebate or bonus payment, this will be inclusive of VAT or other applicable sales taxes on that amount, and it will be your responsibility to discharge any VAT or other applicable sales tax obligation in respect of the amount remitted to you. You authorise us to generate self-bill invoices as required, using the VAT registration number you have provided us (if you are VAT registered), and to accept such invoices. You will not raise invoices for transactions covered by this paragraph 6.8. You agree to keep us updated if your VAT registration status or VAT number changes.
6.9. FIXR may charge you a service fee in connection with the provision of our services, as agreed with you directly. We will account for and pay any VAT or other applicable sales taxes due on the service fee only.
6.10 We will pay all payment-card processing charges incurred in the Customer transaction and will not charge you for these unless otherwise agreed.
6.11. Payment by us is without prejudice to any claims or rights which we may have against you and shall not constitute any admission by us to the performance by you of your obligations under these Terms. Prior to making such payment, we shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against you.
6.12. We reserve the right to retain a certain percentage of the face value of FIXR Tickets sold through the Platform to your Event(s) and any other fees for services provided by us to you (with such percentage being determined by us in our sole discretion) to fund a reserve: (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, Customer complaints, allegations of fraud or changes in your credit profile or the underlying risk profile of your Event(s) including the risk that Events are cancelled, postponed or re-scheduled; and (ii) as otherwise necessary to secure the performance of your obligations under these Terms, or to protect us against fraudulent or erroneous activity, including any fraudulent activity by Customers attending your Event(s). This includes the situation where Customers attend your Event(s), or where an Event is cancelled, postponed or re-scheduled, and then they subsequently cancel debit / credit card purchases of FIXR Tickets where there is no legitimate reason for them to do so. Our right to hold a reserve will continue after completion of the applicable Event(s) and until either: (i) you have discharged all obligations under these Terms or other applicable agreement for services provided by us and we are satisfied that an applicable period for refunds, disputed charges, chargebacks, and complaints has passed; or (ii) you have otherwise provided us with adequate security (as determined by us in our discretion) for your obligations under these Terms or other applicable agreement for services provided by us. If the exercise of our Set-Off right (as defined below) does not fully cover the amount of funds due and owing from you to us under these Terms or other applicable agreement for services provided by us, then such amount of funds will be deemed due and owing to us until you have satisfied the amount in full.
6.13. Any debit or credit card chargebacks, refund charges or other transaction reversals incurred by us for any reason (except to the extent they are caused solely by our negligence or willful misconduct) with respect to your Event(s) and all related debit / credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by us in connection with such will ultimately be your responsibility, and you agree to promptly and fully reimburse us for all such amounts (including, without limitation, the total face value of tickets, total booking fees, total Transaction Fees and ticket protection fees thereon and chargeback fees) on demand, including by way of direct invoice to you. Where necessary, we will withhold payment to you of the proceeds from FIXR Tickets (whether for prior or future Events) and exercise our right of set-off to discharge our liabilities arising from any and all of the above listed charges, fees or losses we incur ("Set-Off") with respect to your Event(s) (except to the extent they are caused solely by our negligence or willful misconduct). We will use reasonable efforts to manage the re-presentment of chargebacks and reversals on your behalf and you hereby authorise us to do so and agree to use reasonable efforts to cooperate with us in respect of such re-presentment. However, we will have no obligation to re-present any chargeback that we believe in our discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with our Cancellations and Refunds Policies. You agree that our loss of any chargeback that has been re-presented by us will not in any way limit your obligation to reimburse us under this paragraph.
6.14. All payments to Event Organisers are subject to our Cancellations and Refunds Policy. In particular, FIXR will only process refunds where we have enough funds on account to do. If you have been paid ticket sales proceeds and refunds are required, you must either remit funds back to us so that we can process refunds on your behalf, or you will need to make refunds to Customers directly. FIXR disclaims all responsibility for making refunds unless there is proven technology error on our part and we have enough funds on account to process these. If you do not refund Customers directly and do not remit funds back to us to enable refunds, and Customers proceed to cancel ticket purchases with their bank or card company, it is likely that FIXR will not be able to reverse this cancellation. You agree to fully indemnify FIXR for any losses suffered as a result, including (i) the full face-value of the ticket purchases which are cancelled (if you have not remitted funds back to us); (ii) any dispute or chargeback fees imposed on us by our payment partner; and (iii) the booking fees, Transaction Fees and any ticket protection fees on the cancelled ticket purchases. We may recover such losses by way of direct invoice or by withholding any ticket sales proceeds payable to you.
7. Provision of tablets or other mobile devices for ticket scanning
7.1. All FIXR Tickets can be scanned or processed digitally using our Entry Manager Application, which is free to download on the App Store and Google Play Stores.
7.2. We are under no obligation to provide you with a mobile tablet, smart phone or similar device (“Mobile Device”) to enable you to download and use the Entry Manager Application.
7.3. If we agree to supply you with a Mobile Device for the purpose of using the Entry Manager Application, you agree that such Mobile Device is supplied on the basis of the following:
7.3.1. The Mobile Device shall be used by you principally to run and operate the Entry Manager Application. If you use the Mobile Device for any purpose which we consider improper or not in accordance with the principal basis on which the Mobile Device is made available to you, we reserve the right to demand immediate return of the Mobile Device and any case supplied. The provisions of clause 13 of these Terms may also apply.
7.3.2. You are responsible for creating an App or Play Store account (as applicable) and downloading the Entry Manager Application, including any updated versions of the application.
7.3.3. You will be responsible for the security, safety and maintenance of the Mobile Device. You shall treat the Mobile Device with appropriate care and, should the Mobile Device be lost, stolen or damaged, we will not be responsible for providing you with a replacement tablet or similar device and may charge you for the cost of replacing the device.
7.3.4. You will display a FIXR sticker or case / cover (as supplied by us) on the Mobile Device at all times.
7.3.5. You will ensure that a suitable Wi-Fi or Cellular network is available for the purposes of running the Entry Manager Application.
7.3.6. You will not exceed the monthly data allowance (if applicable) which applies to the Mobile Device. Should you exceed the data allowance, you will be responsible for paying for any top-up data package required.
7.3.7. If the Mobile Device is not used by you for an event on the Platform for a period of 4 weeks or more, you will (on demand by us) return the Mobile Device and any case supplied, to us.
7.3.8. The Mobile Device remains the property of VIPR Digital Limited, and we are only granting you a loan (for an indefinite period) to use the Mobile Device. As such, we may charge you a loan fee in connection with your use of the Mobile Device.
7A. FIXR Pay / Point of Sale (POS) Services
7A.1. We may, at our discretion and where available, make available to you the POS Services, which enable you to take in-person card payments for your Events using the Platform and compatible POS devices. Use of the POS Services is subject to the FIXR Pay POS Addendum, which supplements and forms part of these Terms. In the event of any conflict between the FIXR Pay POS Addendum and these Terms, the FIXR Pay POS Addendum shall prevail in relation to the POS Services.
7A.2. You acknowledge and agree that you are the seller and supplier of all tickets, goods, merchandise, parking, add-ons and other items sold using the POS Services, and that we act only as your agent for collection and as the ticketing and payment platform (notwithstanding that we may process payment or appear as merchant of record). You remain solely responsible for fulfilment, stock, descriptions, pricing, quality, product safety, returns and refunds relating to the underlying goods or services, customer complaints, and compliance with all applicable laws (including tax, VAT, consumer protection and age restrictions).
7A.3. The POS Services may be used only for Event-linked sales where you are the seller, as agreed in the applicable FIXR Pay POS Addendum, and must not be used for cash transactions, sales by third-party concessionaires, or any goods or services not approved by us. FIXR Pay does not process, record or reconcile cash transactions, and any cash handling is your sole responsibility and must not be recorded as a FIXR Pay transaction.
7A.4. POS transactions are processed through our existing payment provider arrangements and recorded in your FIXR account. POS proceeds are treated in the same way as ticket sale proceeds and are subject to the same payment, settlement, deduction, reserve, refund, chargeback, failed payment, reversal, set-off, clawback and indemnity provisions set out in these Terms, and will be paid to you as part of the final settlement for the relevant Event, less applicable fees and costs. Where a POS transaction is later declined or reversed after entry has been granted or goods delivered, you bear that risk (except to the extent caused solely by our negligence or wilful misconduct) and must reimburse us on demand.
7A.5. Any POS devices we provide (including card readers, terminals, smartphones or tablets) remain our property and are supplied on loan. You are responsible for their care, custody, connectivity, charging and return, and you are liable for the cost of repair or replacement of any device that is lost, stolen, damaged beyond normal wear or not returned. You are responsible for ensuring adequate Wi-Fi or mobile connectivity; we do not guarantee uninterrupted POS functionality, and offline functionality should not be assumed unless we expressly confirm it in writing.
7A.6. We may suspend, restrict or withdraw the POS Services immediately and without liability where we reasonably suspect fraud, elevated chargeback or financial risk, misuse, connectivity or technical issues, the sale of unauthorised or prohibited goods, use by an unauthorised third party, or any breach of the FIXR Pay POS Addendum or applicable card scheme or payment provider requirements.
7A.7. POS transactions will be visible through your FIXR account and dashboard, and reporting shall identify ticket sales, add-ons, merchandise or other POS items for reconciliation purposes. You should check reconciliation reports and raise any queries promptly and in any event within 5 business days of the relevant Event.
7A.8. FIXR is under no obligation to provide POS devices or staff unless agreed in writing. Where FIXR staff are provided, their role is limited to assisting with the operation of FIXR POS devices and the Platform. FIXR staff do not assume responsibility for admissions decisions, Event operations, crowd control, customer disputes, stock, fulfilment, goods quality, pricing, returns or complaints, and you remain responsible for managing the sales location and all customer-facing obligations.
8. Intellectual Property and right to use
8.1. You acknowledge and agree that all Intellectual Property in the Platform and all material or content contained within the Platform and which relates to our business shall remain at all times owned by us or our licensors (“our IP”). This includes any professional photographs or video footage taken at events taken by us or any party appointed by us. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of our IP and you acknowledge that you do not acquire any ownership rights by downloading or using the Platform or content from the Platform.
8.2. You agree that by submitting any content, information, images or otherwise for publication on the Platform, (“User Generated Content”) you retain any copyright you may have in the User Generated Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. This includes the right to use any professional photographs or video footage taken at the your events for marketing and promotional purposes, provided that any identifiable individuals in the photographs or video footage are over age 18; and necessary consents have been obtained by you. You waive any moral rights you may have in, or to be identified as the author, of User Generated Content.
8.3. You are solely responsible for your User Generated Content (including content you share with other sites, such as social networking sites) and we do not endorse User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content.
8.4. You will use reasonable endeavours to provide the following standard marketing initiatives:
8.4.1. display FIXR’s ticket links (including via our widgets / ticket shop functionality where used) on your website(s) and social media accounts / posts, informing people they can buy tickets to events using FIXR; and
8.4.2. where possible, include FIXR’s official logo (as supplied by FIXR) on event artwork.
8.5. You agree that our IP shall be used by you only for the purposes of fulfilling your obligations under these terms and you will be obliged to follow any use guidelines provided to you by us from time to time. You shall not do or allow anything to be done which may adversely affect or cause negative publicity or otherwise damage or injure our reputation and goodwill.
8.6. At the end of your relationship with us or earlier, if required by us, you shall cease to use our IP and we shall have the right to cease your access to such IP, for example by discontinuing your access or taking down any hosted white-label websites and mobile applications and shall on our request, return any physical embodiment of our IP (including any copies) in your possession or control to us. Y
8.7. You shall not disclose or divulge, directly or indirectly, any of our confidential information to any third party without our prior written consent and will take all such steps as may be reasonably necessary to protect it against theft, damage, loss, unauthorised access (including access by electronic means) or falling into the hands of unauthorised third parties.
9. Data Protection
9.1. For the purpose of clause 9 and 10, the following defined terms shall have the following meanings:
a) “Data Protection Law” means all applicable laws relating to the processing of personal data, data privacy, electronic communications, marketing and/or data security including the GDPR, UK GDPR, the Data Protection Act 2018, The Privacy and Electronic Communications (EC Directive) Regulations 2003 and POPIA, in each case as from time to time in force and as from time to time amended, extended, consolidated, re-enacted, replaced, superseded or otherwise converted, succeeded, modified or incorporated into law.;
b) “GDPR” means EU Regulation (EU) 2016/679 more commonly known as the General Data Protection Regulation;
c) “UK GDPR” means the GDPR as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the any existing or subsequent legislation of England and Wales from time to time);
d) “Personal Data”, “Controller”, “Processor”, “Data Subject”, “Special Category Data” and “Processing” (and other parts of the verb “to Process”) shall have the meaning set out in the Data Protection Law and where POPIA applies, “Personal Data” includes “personal Information”, “Controller” includes “responsible party”, “Processor” includes “operator”, “Special Category Data” includes “special personal information” and “Data Subject” includes a juristic person, where applicable; and
e) “POPIA” means the Protection of Personal Information Act 4 of 2013.
9.2) You shall comply at all times with Data Protection Law and shall not perform your obligations under these Terms in such a way as to cause us to breach any of our applicable obligations under Data Protection Law.
9.3) In the context of these Terms; (i) we will act as a “Controller” of Personal Data in certain instances (including but not limited to managing a Data Subject’s FIXR account) and shall be a Processor in certain instances (including but not limited to Personal Data collected during your use of the Platform and Personal Data uploaded by you to the Platform). In some instances, we shall act as both Controller and Processor of Personal Data categories processed for different purposes, for example, where the same category of Personal Data is used both to manage a Data Subject’s FIXR account and to facilitate a transaction between you and the Data Subject using the Platform (both being different purposes); and (ii) where we act as a Processor of Personal Data, you will act as Controller of that Personal Data.
9.4) The way in which we handle Personal Data is set out in our Privacy Policy as updated and amended from time to time.
9.5) In the context of these Terms, Personal Data shall be processed in accordance with the Data Processing Agreement as amended and updated from time to time, which forms part of these Terms.
9.6) We will ensure that we obtain all necessary consents as required by Data Protection Law to enable lawful transfer of Personal Data to you for the purposes of these Terms.
9.7) You warrant, undertake and represent to us that you:
a) have obtained and will obtain all necessary and appropriate consents as required by Data Protection Law to enable the lawful transfer of Personal Data to us (including but not limited to uploads of Personal Data to the Platform);
b) have obtained and will obtain all necessary and appropriate consents as required by Data Protection Law to send communications to Data Subjects and Customers, including but not limited to electronic mail and messages (for the purpose of marketing and generally);
c) have complied and will comply with all Data Protection Law and the Data Processing Agreement (including but not limited to in the collection, Processing, use of and sharing of any Personal Data); and
d) shall not use the Platform to obtain, collect, share, store or process any Special Category Data save for data relating to health for the purpose of providing Customers with accessibility assistance and you shall comply with all Data Protection Law relating to Special Category Data in doing so.
9.8) You shall indemnify and hold us harmless on demand for any loss, damage, liabilities, penalties, claims, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) as a result of you breaching your obligations under this clause 9 (Data Protection).
For further information, please refer to our Privacy Policy.
10. Event Organiser Marketing
Where we obtain a Customers consent to receive marketing from you, we shall pass such consents that we receive on to you and you will be able to access these via your Platform account. Otherwise, please note that under Data Protection Laws you do not automatically have the right to use the Personal Data of Customers that you receive from FIXR for the purposes of marketing. You shall comply with all Data Protection Law when marketing using Personal Data provided to you by us (including Personal Data accessed by you via your Platform account) and when using the Platform.
For further information, please refer to our Privacy Policy.
11. Cancelled, postponed or rescheduled Events
Please refer to our Cancellations and Refunds Policy.
12. Availability of services
12.1. The Platform is provided on an "as is" basis. No warranties, express or implied, are given that our services will at all times meet your requirements or expectations, or that the services will be available, uninterrupted, timely, secure, or error free.
12.2. We will occasionally restrict your access to the Platform to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
12.3. New services are subject to a period of testing. This means that a new service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
13. Limitation of Liability; Indemnity
13.1. We shall not be liable under any circumstances with respect to any services provided under the Platform, or any other subject matter of these Terms, for: (i) any indirect losses, meaning a loss to you which is a side effect of the main loss or damage and where you and we could not have reasonably foreseen that type of loss arising at the time of entering into these Terms; (ii) losses not causes by our breach; (iii) the actions or inactions of Customers; and (iv) any matters beyond our reasonable control (including network failure).
13.2. We expressly exclude liability for any damage, injury, harm or loss (to people or property) which may arise at an Event run by you.
13.3. We expressly exclude liability for any tickets or other goods provided by third party suppliers to the fullest extent permitted by law.
13.4. We shall not be liable for any content of information you to provide to us, or the content of any other user of the Platform.
13.5. We are not affiliated with, and have no agency or employment relationship with, any third-party service provider used to provide services under the Platform and we have no responsibility for and disclaim all liability arising from, the acts or omissions of any such third party service provider.
13.6. We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
13.7. Nothing in these Terms shall exclude any liability we may have at law. You have certain rights under the law. These include that we will provide the Platform to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights, in United Kingdom, you can contact your local Citizens Advice Bureau or Trading Standards Office.
13.8. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of £500 (or the equivalent in Rands, where applicable). “Foreseeable” means that the losses could have been reasonably contemplated by you and us at the time of entering into these Terms.
13.9 Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify the FIXR Entities from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Platform; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party (including any Customer). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14. Termination
14.1. We may terminate these Terms and close any account you have with us by giving you 10 days’ notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, or if court or bankruptcy proceedings are brought against you.
14.2. We reserve the right to suspend, restrict or terminate your access to the Platform at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
14.3. Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
14.4. You are under no obligation to use the Platform and may simply choose to stop using it at any time.
15. General
15.1. These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Platform.
15.2. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
15.3. These Terms and the relationship between you and us shall:
15.3.1. for Event Organisers in the United Kingdom, be governed by the laws of England and Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales; and
15.3.2. for Event Organisers in South Africa, be governed by the laws of South Africa without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of South Africa. Paragraph 19.12 sets out further provisions on jurisdiction and service of legal documents that apply to Event Organisers in South Africa.
15.3.3. for Customers in the United States, be governed by the laws of New York without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts in New York, NY.
15.3.4. for Event Organisers in Jersey, be governed by the laws of Jersey without regard to its conflict of law provisions. You and we agree to submit to the exclusive jurisdiction of the courts of Jersey.
15.4. We may amend these Terms at any time by posting the amended terms on our website (www.fixr.co) and/ or by amending the Terms as they are accessed from the Platform. It is your responsibility to review these Terms from time to time to check if they have been amended. Nonetheless, for existing users, material revisions will be effective 15 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Platform. If you do not agree to the modified Terms, then you should discontinue your use of the Platform. If you continue to use the Platform or you download any content or upgrade to a new version of the Platform after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may choose to stop using the Platform at any time.
16. Limitation of Liability
16.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIXR OR ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONSULTANTS, AND AGENTS (THE “FIXR ENTITIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FIXR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
16.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FIXR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $500.
16.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Disclaimers; No Warranties by FIXR
17.1 THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FIXR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FIXR DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FIXR DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
17.2 NO MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE FIXR ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM AND YOUR DEALING WITH ANY OTHER PLATFORM USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA, INCLUDING USER GENERATED CONTENT.
17.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 18 (DISCLAIMERS; NO WARRANTIES BY FIXR) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. FIXR does not disclaim any warranty or other right that FIXR is prohibited from disclaiming.
18. Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19. South African Specific Terms
19.1. Application. For the purposes of these Terms, an Event Organiser is “in South Africa” if it is incorporated, registered or ordinarily resident in South Africa, and paragraphs 19.4 to 19.6 also apply to any Event Organiser (wherever located) in respect of Events taking place in South Africa or tickets sold to Customers in South Africa. Where this Section 19 applies, references in these Terms to “FIXR”, “we”, “our” and “us” are references to FIXR Ticketing Proprietary Limited (registration 2023/218762/07), unless the context requires otherwise. In the event of any conflict between this Section 19 and any other provision of these Terms, this Section 19 shall prevail.
19.2. Consumer Protection Act. The Consumer Protection Act 68 of 2008 (the “CPA”) may apply to our relationship with you if you are a natural person, or a juristic person whose asset value or annual turnover is below the threshold determined by the Minister under section 6 of the CPA. To the extent that the CPA applies to our relationship with you: (a) nothing in these Terms is intended to limit or exclude any right you have under the CPA, or to limit or exempt us from liability for any loss directly or indirectly attributable to our gross negligence or that of any person acting for or controlled by us; and (b) any provision of these Terms that would be prohibited under section 51 of the CPA, or that would be unfair, unreasonable or unjust under section 48 of the CPA, shall apply only to the extent permitted by the CPA and, to the extent that it cannot so apply, shall be severed without affecting the remainder of these Terms.
19.3. Important notice. Paragraphs 1.2.4, 1.2.13, 2.3, 2.4, 3.1, 3.2, 6.3, 6.5, 6.11 to 6.14, 7.3, 7A.4 to 7A.6, 9.8, 12, 13, 14 and 19.5 of these Terms limit our liability or risk, require you to assume risk or liability, require you to indemnify us, or constitute an acknowledgement of fact by you. To the extent that the CPA applies, these provisions are drawn to your attention in accordance with section 49 of the CPA. Please read them carefully and contact us before accepting these Terms if you do not understand them.
19.4. Your obligations as supplier to Customers in South Africa. You acknowledge that, as the seller of tickets for your Events and the supplier of the Event, you are the “supplier” of the Event to Customers for the purposes of the CPA and the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), and that you are responsible for complying with the CPA and ECTA in relation to your Events. In particular, you agree:
19.4.1. to provide us with, and keep up to date, the information we require so that the information required by section 43(1) of ECTA can be made available to Customers, including your full legal name and legal status, registration number, physical address and address for the service of legal documents, telephone number, email address, the main characteristics of the Event, the full price of tickets (including all fees and taxes), and your cancellation, exchange and refund policy for the Event;
19.4.2. that your terms and conditions of entry, Event-specific policies and any cancellation charges are drafted in plain and understandable language as required by section 22 of the CPA, are brought to the attention of Customers before purchase, and do not contain any term that is prohibited by section 51 of the CPA or that is unfair, unreasonable or unjust under section 48 of the CPA;
19.4.3. that, subject to paragraph 19.5 in respect of Instalment Plans, Customers in South Africa have the right under section 17 of the CPA to cancel an advance booking or reservation for an Event; that any cancellation charge you instruct us to apply must be reasonable having regard to the factors in section 17(4) of the CPA (including the nature of the Event, the length of notice of cancellation given by the Customer, the reasonable potential for the ticket to be resold to another customer before the Event, and the general practice of the events industry); that any cancellation charge must be disclosed to Customers before purchase; and that no cancellation charge may be imposed where the Customer is unable to honour the booking because of the death or hospitalisation of the person for whom, or for whose benefit, the booking was made;
19.4.4. that, without limiting paragraphs 5.1 and 5.2, if a Customer cannot be admitted to an Event because more tickets were sold or made available than the capacity of the Event, you will be responsible for refunding the Customer in full, together with interest at the prescribed rate and any consequential damages, as required by section 47 of the CPA;
19.4.5. that if an Event is cancelled, postponed, rescheduled or materially changed, you will be responsible for funding all refunds due to Customers under the CPA, the Cancellations and Refunds Policy and these Terms, and paragraph 6.14 shall apply accordingly;
19.4.6. that any promotional competition you run in connection with an Event or through the Platform will comply with section 36 of the CPA and the regulations made under it; and
19.4.7. to cooperate with us in responding to any complaint, enquiry, investigation, compliance notice or directive of the National Consumer Commission, the Consumer Goods and Services Ombud, any provincial consumer protection authority (including the Office of the Consumer Protector in the Western Cape), any consumer court or the Information Regulator in connection with your Events.
19.5. Instalment Plans in South Africa. Where you make tickets for an Event available to Customers in South Africa on an Instalment Plan:
19.5.1. you acknowledge that the Instalment Plan operates as a conditional reservation (lay-by) arrangement under which the Customer pays the ticket price before the ticket is issued, that no credit is extended to the Customer, and that the Instalment Plan is not intended to be a credit agreement (including a credit facility, credit transaction, instalment agreement or incidental credit agreement) as defined in the National Credit Act 34 of 2005 (the “NCA”). You must not describe, market or operate an Instalment Plan in any way that would cause it to constitute a credit agreement under the NCA and, in particular, you must not issue any ticket or grant any right of admission before all instalments have been paid in full, and must not charge the Customer any interest, initiation fee, service fee, default administration charge, collection cost or other charge in respect of the Instalment Plan or the deferral of any amount;
19.5.2. the ticket and the Customer’s reservation remain at your risk until the ticket has been issued to the Customer, and if the Event is cancelled or you are otherwise unable to supply the ticket or the Event for any reason not attributable to the Customer, the Customer will be entitled to a full refund of all amounts paid under the Instalment Plan;
19.5.3. where a Customer in South Africa cancels an Instalment Plan or does not bring it up to date within the cure period (during which we will endeavour to send the Customer multiple reminder emails), the conditional reservation will be cancelled, no ticket will be issued and the ticket may be returned to general inventory and resold. As seller of the ticket, you decide whether ticket-price instalments already paid are refunded or retained. You will aim to refund the ticket-price instalments paid to date, less our booking fee, Transaction Fee and any Instalment Plan Administration Fee (which we retain for our own account), but you may at your discretion retain the entire amount paid where you consider it appropriate, having regard to factors such as the complexity and cost of administering the Instalment Plan, whether the ticket can be resold before the Event, how close to the Event the cancellation occurs and the notice given by the Customer. You must notify us of your refund conditions for the Event before the Instalment Plan is made available and of any decision in a particular case, and we will process the refund or retention on your behalf in accordance with your instructions. If you do not give us instructions within a reasonable time after a cancellation, we may refund the ticket-price instalments paid to date, less our fees. No amount will be retained, and all amounts paid will be refunded, where the Event is cancelled or you are unable to supply the ticket or the Event, where the Customer is unable to complete the Instalment Plan or attend the Event because of the death or hospitalisation of the person for whom, or for whose benefit, the booking was made (as provided in section 17(5) of the CPA), or where the Customer rescinds a booking resulting from direct marketing under section 16 of the CPA. Any ticket-price instalments refunded will be funded from, and may be deducted from, the proceeds payable to you;
19.5.4. you acknowledge that the retention of instalments is subject to the CPA and that, if the retention of any amount is found by a court, consumer court, the National Consumer Commission or the Consumer Goods and Services Ombud to be unreasonable or otherwise unlawful, you will be responsible for funding any refund required, and paragraphs 6.14 and 13.10 shall apply accordingly;
19.5.5. you acknowledge that ticket-price instalments received before the Event are prepayments to which section 65 of the CPA applies, and you agree that we may, in our discretion and notwithstanding paragraph 6.3, withhold payment to you of any instalment proceeds until the relevant Event has taken place and we are satisfied that the applicable period for refunds, disputed charges and chargebacks has passed; and
19.5.6. paragraph 6.15 applies to Customers in the United Kingdom. We will only charge an Instalment Plan Administration Fee to Customers in South Africa where it is clearly displayed to the Customer before the Customer selects the Instalment Plan. Any such fee will be a fixed fee for our administration services, will not be calculated by reference to, or charged in respect of, any deferral of payment, and will be charged, retained and (where applicable) refunded by us for our own account.
19.6. Event licences and permits. Without limiting paragraph 2.4, you are solely responsible for obtaining, maintaining and complying with all licences, permits, certificates and approvals required for your Events in South Africa, including (where applicable) those required under the Safety at Sports and Recreational Events Act 2 of 2010, the Liquor Act 59 of 2003 and applicable provincial liquor legislation (including the Western Cape Liquor Act 4 of 2008 for Events in the Western Cape), applicable municipal by-laws (including, for Events in the City of Cape Town, the City of Cape Town’s by-laws relating to events, public places and noise nuisances), and applicable fire, health, noise, zoning and building regulations, and you will provide copies of them to us on request.
19.7. Tax. For Event Organisers in South Africa, references in these Terms to “VAT” are to value-added tax levied under the Value-Added Tax Act 89 of 1991 (the “VAT Act”). Ticket prices displayed to Customers in South Africa must include VAT, where applicable, in accordance with section 65 of the VAT Act. If you are registered for VAT, you agree to issue tax invoices that comply with section 20 of the VAT Act to Customers who request them. Any self-billing arrangement referred to in paragraph 6.8 shall operate as a recipient-created tax invoice arrangement only where, and to the extent, permitted by section 20(2) of the VAT Act and any requirements prescribed by the South African Revenue Service, and you agree to provide such confirmations and information as we reasonably require for that purpose. You are responsible for your own income tax and other tax obligations in respect of ticket sales proceeds.
19.8. Payments and verification. Unless otherwise agreed, payments to Event Organisers in South Africa will be made in South African Rand to a bank account held with a bank registered in South Africa. Any payment to a bank account outside South Africa, or in a currency other than South African Rand, is subject to the Exchange Control Regulations, 1961 and to any approvals, reporting or documentation required by our bankers. You agree to provide promptly on request all information and documents (including identity, registration, beneficial ownership, tax and bank account verification documents) that we or our payment providers reasonably require to comply with the Financial Intelligence Centre Act 38 of 2001, anti-money laundering, sanctions and payment scheme requirements, and we may withhold payment to you until such information and documents have been provided.
19.9. Protection of personal information. Where POPIA applies:
19.9.1. you act as a responsible party in respect of personal information of Customers that you receive from us or process through the Platform for your own purposes, and where we process personal information on your behalf we act as your operator in accordance with the Data Processing Agreement, which constitutes the written contract required by section 21 of POPIA;
19.9.2. you shall not send direct marketing by means of unsolicited electronic communications (including email, SMS, instant messaging and automatic calling machines) to any Customer unless the Customer has consented to receiving it, or the Customer is your customer and all of the requirements of section 69(3) of POPIA are met (including that the direct marketing relates to your own similar products or services and the Customer has been given, and has not used, a reasonable opportunity to object when their details were collected and on each communication), and you shall respect any registration by a Customer on an opt-out or pre-emptive block registry established under the CPA and its regulations;
19.9.3. you shall not transfer personal information of Customers outside South Africa except in accordance with section 72 of POPIA;
19.9.4. you shall notify us without undue delay, and in any event within 48 hours, after becoming aware of any security compromise (within the meaning of section 22 of POPIA) affecting personal information received from us or through the Platform, and shall cooperate with us in making any notification to the Information Regulator and affected data subjects;
19.9.5. you shall not use the Platform to process personal information of children (persons under the age of 18) or special personal information except as permitted by POPIA; and
19.9.6. you shall ensure that your information officer is registered with the Information Regulator where required.
19.10. Liability. For Event Organisers in South Africa, the reference in paragraph 13.7 to the Citizens Advice Bureau or Trading Standards Office shall, where the CPA applies to you, be read as a reference to the National Consumer Commission and the Consumer Goods and Services Ombud, and nothing in paragraph 13 shall limit or exclude our liability for fraud or any other liability that cannot be limited or excluded under South African law.
19.11. Electronic communications. You agree that these Terms may be concluded by electronic means, that your acceptance of these Terms by electronic means (including by clicking to accept them or by using the Platform) creates a valid and binding agreement for the purposes of ECTA, and that any notice or communication we send to you by email or through the Platform is a data message that satisfies any legal requirement that it be in writing.
19.12. Jurisdiction and domicilium. For Event Organisers in South Africa: (a) without limiting paragraph 15.3.2, either party may institute proceedings in the Western Cape Division of the High Court, Cape Town, and you and we consent, in terms of section 45 of the Magistrates’ Courts Act 32 of 1944, to the jurisdiction of any Magistrate’s Court having jurisdiction, notwithstanding that the amount in dispute may exceed the jurisdiction of that court; (b) we choose as our domicilium citandi et executandi for all purposes under these Terms our registered office at 38 Wale Street, Cape Town City Centre, Cape Town, 8000, and you choose as your domicilium citandi et executandi the physical address recorded in your organiser account, which you agree to keep up to date; and (c) a certificate signed by any director of FIXR Ticketing Proprietary Limited stating the amount owing by you to us under these Terms shall be prima facie proof of the amount so owing.
20. Jersey Specific Terms
20.1. Application. For the purposes of these Terms, an Event Organiser is “in Jersey” if it is incorporated, registered or ordinarily resident in Jersey, and paragraphs 20.2 to 20.6 also apply to any Event Organiser (wherever located) in respect of Events taking place in Jersey or tickets sold to Customers in Jersey. Event Organisers in Jersey contract with VIPR Digital Limited. In the event of any conflict between this Section 20 and any other provision of these Terms, this Section 20 shall prevail.
20.2. Consumer law. You acknowledge that, as the seller of tickets for your Events and the supplier of the Event, you are responsible for complying with Jersey consumer law in relation to your Events, including the Distance Selling (Jersey) Law 2007, the Supply of Goods and Services (Jersey) Law 2009 and the Consumer Protection (Unfair Practices) (Jersey) Law 2018. In particular, you agree: (a) to provide us with, and keep up to date, the information we require so that the information required by the Distance Selling (Jersey) Law 2007 (including your identity and address, the main characteristics of the Event and the full price of tickets) can be made available to Customers before they book; (b) not to engage in any unfair commercial practice, including any misleading action or omission or any misleading price indication, in connection with your Events; and (c) to cooperate with us in responding to any complaint, enquiry or investigation of the Trading Standards Service of the Government of Jersey or the Jersey Office of the Information Commissioner in connection with your Events.
20.3. Instalment Plans in Jersey. Where you make tickets for an Event available to Customers in Jersey on an Instalment Plan, paragraphs 2.5, 4.2.24 to 4.2.28, 6.15 and 13.10 apply as they apply in respect of Customers in the United Kingdom, and you remain the seller of the ticket and the party who decides whether ticket-price instalments already paid are refunded or retained where a conditional reservation is cancelled. You acknowledge that the Instalment Plan is a conditional reservation under which the Customer pays the ticket price before the ticket is issued, that no credit or other financial accommodation is provided to the Customer, and that the Instalment Plan is not intended to constitute consumer credit business or a regulated credit agreement under the Financial Services (Jersey) Law 1998 (including any consumer credit regime introduced under it). You must not describe, market or operate an Instalment Plan in any way that would cause it to constitute credit, and in particular you must not issue any ticket or grant any right of admission before all instalments have been paid in full.
20.4. Event licences and permits. Without limiting paragraph 2.4, you are solely responsible for obtaining, maintaining and complying with all licences, permits and approvals required for your Events in Jersey, including (where applicable) approval of the Bailiff’s Public Entertainment Panel for public entertainment events, any licence or permission required under the Licensing (Jersey) Law 1974 for the sale of alcohol, any consent of the relevant Parish or Connétable (including for road closures), and compliance with the Health and Safety at Work (Jersey) Law 1989 and the Statutory Nuisances (Jersey) Law 1999, and you will provide copies of them to us on request.
20.5. Tax. Jersey is outside the United Kingdom VAT area. For Events taking place in Jersey, references in these Terms to “VAT” include goods and services tax levied under the Goods and Services Tax (Jersey) Law 2007 (“GST”). Ticket prices displayed to Customers in Jersey must include GST where applicable. You are responsible for determining whether you are required to register for GST and for accounting for any GST due on the sale of tickets for your Events. Any self-billing arrangement referred to in paragraph 6.8 shall apply to GST only where, and to the extent, permitted by Revenue Jersey.
20.6. Data protection. Where the Data Protection (Jersey) Law 2018 (the “DPJL”) applies, references in these Terms to Data Protection Law include the DPJL and the Data Protection Authority (Jersey) Law 2018, and: (a) you shall ensure that you are registered with the Jersey Office of the Information Commissioner where required; (b) you shall not send direct marketing by electronic communication to any Customer unless the Customer has given clear, opt-in consent to receive it, and you shall give effect immediately to any objection by a Customer to direct marketing; (c) you shall not transfer personal data of Customers outside Jersey except in accordance with the DPJL; and (d) you shall notify us without undue delay, and in any event within 48 hours, after becoming aware of any personal data breach affecting personal data received from us or through the Platform, so that any notification to the Jersey Office of the Information Commissioner can be made within 72 hours.
20.7. Liability. For Event Organisers in Jersey, the reference in paragraph 13.7 to the Citizens Advice Bureau or Trading Standards Office shall be read as a reference to Citizens Advice Jersey or the Trading Standards Service of the Government of Jersey, and nothing in paragraph 13 shall limit or exclude any liability that cannot be limited or excluded under Jersey law.
20.8. Electronic communications. You agree that these Terms may be concluded, and any notice or communication given, by electronic means in accordance with the Electronic Communications (Jersey) Law 2000.