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Website Terms and Conditions

1.          Introduction

1.1.       All words commencing with a capital letter and that would otherwise grammatically not be expected to do so, have the meaning ascribed to them in clause 2 below.

1.2.         Big Concerts Online Store, a division of Big Concerts International (Pty) Ltd (“we”, “us” or “BCOS”) operates and conducts business from the Website located at the domain name http://www.bigconcerts.co.za (the “Website”).  

1.3.          By using the Website you, the user of the Website, agree to be bound by these Website Terms and Conditions (the “Terms”).  It is your responsibility to satisfy yourself with regard to the Terms.  If you are not satisfied with these Terms or do not agree with them you should cease using the Website, as your continued use of the Website will then constitute or be deemed to constitute your acceptance of the Terms.  We draw your attention to the fact that the Terms may be amended from time to time.  You shall be deemed to have read and accepted the latest version of the Terms available on the Website whenever you visit the Website

1.4.      In the event that you purchase Merchandise using the Website, you hereby agree to be bound by the Merchandise Purchase Agreement, which can be accessed electronically at: http://www.bigconcerts.co.za/merchandise-purchase-agreement, in addition to these Terms.

1.5.         In the event that you purchase Tickets using the Website, such purchase is subject to, and you agree that you are bound by, the Ticket Purchase Agreement (http://www.bigconcerts.co.za/ticket-purchase-agreement) and the Ticketing Terms and Conditions (http://www.bigconcerts.co.za/ticketing-terms-and-conditions), in addition to these Terms.  

1.6.         IMPORTANT NOTICE: 

1.6.1.      If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to use this Website. 

1.6.2.      All items in the Terms indicated in BOLD are provisions which limit the risk or liability of BCOS and constitute an assumption of risk or liability by you, constitute a waiver of rights by you and/or is an acknowledgement of a fact by you, and are therefore drawn to your attention.  You should pay particular attention to these Terms and consider them carefully.

 

2.          Definitions

2.1.          In these Terms the following words and/or phrases shall have the meanings assigned below:

2.1.1.       “Account” means the account that a user must open on the Merchandising Outlet in order to purchase Merchandise from the Website;

2.1.2.       “BCI” means Big Concerts International (Pty) Ltd, as more fully described in clause 15 (Contact Information) below, and any subsidiary or associated company of BCI;

2.1.3.       “BCOS”, “us”, “we” and “our” means Big Concerts Online Store, a division of BCI, as well as, unless the context indicates otherwise, its owners, directors, employees, contractors, suppliers, service providers, agents and affiliates.  Any provision of these Terms that is for the benefit of the aforesaid shall be for their benefit by way of contract for the benefit of a third party that may be accepted by the third party at any time;

2.1.4.      “Content” means the information, content, tools or materials included on or otherwise made available to you through the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, as well as the facilities which enable the user to purchase Merchandise and/or Tickets and/or view information about Events;

2.1.5.     “Electronic Device” means the device used to access the Website, whether this is a personal computer, cellphone, tablet or other device;

2.1.6.       “Events” means entertainment and other events hosted by BCI and to which a Ticket relates;

2.1.7.       “Merchandise” means the products, goods, services and other items offered for sale on the Merchandising Outlet on the Website;

2.1.8.       “Merchandising Outlet” means the online Merchandise purchasing facility accessible through the Website;

2.1.9.       “Merchandise Purchase Agreement” means the agreement, displayed in the Merchandising Outlet on the Website, applicable to and governing the purchase of Merchandise through the Website;

2.1.10.     “Terms” means these terms and conditions;

2.1.11.   “Tickets” means tickets for Events sold by us on behalf of BCI, which tickets may or may not also entitle the holder to additional services, event-related merchandise and/or food and beverages, depending on the purchaser’s order;

2.1.12.     “Ticketing Outlet” means the online Ticket purchasing facility accessible through the Website;

2.1.13.     “Ticket Purchase Agreement” means the agreement, displayed in the Ticketing Outlet on the Website, applicable to and governing the purchase of Tickets through the Website;

2.1.14.     “Website” means http://www.bigconcerts.co.za; and

2.1.15.    “you”, “user” means the user of the Website, and shall further be deemed to include the holder of an Account and the purchaser of Merchandise.

 

3.              Electronic communication

3.1.             When you visit the Website, purchase Merchandise or Tickets via the Website or send e-mails to us, you are communicating with us electronically and accordingly you accept electronic communication as the medium of communication to be used by yourself and BCOS.  

3.2.         BCOS undertakes to take all reasonable steps to protect and safeguard your personal information and maintain confidentiality, including the use of encryption technology.  However, we cannot guarantee the security or integrity of any information you transmit to us electronically and/or online and you acknowledge and agree that you do so at your own risk.

3.3.            You further acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

4.          Use of the Website

4.1.         Your use of the Website is restricted to the following purposes, unless otherwise authorised by us in writing:

4.1.1.       to browse through the Content to view the Merchandise and Tickets offered by us and/or view information on Events;

4.1.2.      to access the Merchandising Outlet and the Ticketing Outlet and to open an Account for the purpose of purchasing Merchandise and receiving information about new Merchandise, Tickets and/or Events that may be of interest to you;

4.1.3.       to order, purchase or otherwise transact on the Merchandising Outlet in regard to Merchandise which you wish to purchase from us;

4.1.4.       to make use of the Ticketing Outlet in order to purchase or otherwise transact in regard to Tickets;

4.1.5.       to give us your feedback on our Merchandise, Tickets, Events and/or the Website.

4.2.         In order to protect the security of the Website and other users, we reserve the right to delete any material that you have submitted to our Website and/or restrict or suspend your access to any part of the Website at any time and without notice.  BCOS reserves the right to prosecute any person that delivers or attempts to deliver any damaging code to the Website or who attempts to gain unauthorised access to any page, and to claim civil damages in the event that BCOS and/or any of its customers and/or any other user of the Website suffers any loss as a result thereof. 

4.3.         You acknowledge and agree that the following actions shall constitute a material breach of these Terms:

4.3.1.               your signing in as, or pretending to be, another person;

4.3.2.               your transmitting material that infringes or violates, or is likely to infringe or violate, the intellectual property rights of other persons or the privacy or publicity rights of other persons;

4.3.3.               your using interactive services in a way that is intended or likely to harm, or where a reasonable person would understand likely harm would result to BCOS, the Website or to other users of the Website;

4.3.4.               your gathering information about other persons without obtaining BCOS’ and/or their prior written consent to do so. 

4.4.         You acknowledge and agree that all Content, including information relating to Merchandise, Tickets, Events and services or any terms or conditions pertaining to them, is subject to change.

 

5.          Consent to use Personal Information

5.1.         By giving us your personal information, you consent to us using it for the following purposes:

5.1.1.       to give effect to your order;

5.1.2.       to personalise your experience of the Website and our services;

5.1.3.       to inform you about new Merchandise, Tickets and Events that may be of interest to you.

5.2.         Our Privacy Policy is as follows:

5.2.1.      BCOS is committed to protecting your personal information.  Your personal information refers to any information that can be used to identify you as an individual, and includes your name, identity number, contact details and bank account information.  As such, BCOS subscribes to the principles outlined in section 51 of the Electronic Communications and Transactions Act, 2002 (the “ECT Act”).  The ECT Act can be accessed electronically at http://www.internet.org.za/ect_act.html.  

5.2.2.      BCOS will not:

5.2.2.1.        collect, collate, process or disclose any of your personal information unless we have your express written permission to do so or the same is required for the purpose for which the information was provided;

5.2.2.2.      electronically request, collect, collate, process or store any of your personal information which is not necessary for the lawful purpose for which it is required;

5.2.2.3.     use your personal information for any other purpose than the purpose that was disclosed to you without your express written permission, unless it is permitted or required to do so by law;

5.2.2.4.        disclose any of the personal information held by it to a third party (other than a BCI group company), unless required or permitted by law or specifically authorised to do so by you in writing.

5.2.3.            For as long as your personal information is used and for a period of at least one year thereafter, BCOS shall keep a record of:

5.2.3.1.        the personal information;

5.2.3.2.        the specific purpose for which the personal information was collected;

5.2.3.3.        any third party to whom the personal information was disclosed and of the date on which and the purpose for which it was disclosed.

5.2.4.            BCOS will delete or destroy all personal information which has become obsolete.

5.2.5.            BCOS may use your personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to you by a third party.

 

6.          Your Account Details

6.1.         You are required to register an Account on the Merchandising Outlet in order to purchase Merchandise.  For more information on the purchasing process and the terms and conditions applicable to any purchase of Merchandise, please refer to the Merchandise Purchase Agreement, and with regard to the purchase of Tickets, please refer to the Ticket Purchase Agreement.  When you register an Account with BCOS, you will be required to provide certain access details, including a username and password.  It is your responsibility to keep your access details (including, your user name and password) confidential and to not allow other people to use it.  You accept full responsibility and are liable for all activities (including the purchase of Merchandise) that occur under your username and password.

6.2.         You warrant your identity (in other words, you are who you say you are) and that you can prove your identity should we require you to do so.

6.3.         Without prejudice to any other rights of BCOS, it reserves the right, in its sole discretion, to refuse to allow you continued access to the Website and/or to transact with you in regard to Merchandise or Tickets if we are unable independently to verify any information that you provide to us or should any information provided to us by you to us reasonably appear to be false, or should you commit a material breach of these Terms.

6.4.         Given your obligation to keep your access details secret and confidential, you further acknowledge and agree that any use of your access details, whether authorized by you or not, shall be deemed as if you were the person accessing and/or transacting via the Website.

 

7.          Disputes

Without limiting any provisions pertaining to the resolution of disputes contained elsewhere in these Terms, any dispute between you and BCOS of any nature whatsoever and howsoever arising on any matter provided for in, or arising out of, these Terms and not resolved through our customer relations processes, shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), provided that this provision shall not preclude either party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.  The expedited rules of AFSA can be viewed at http://www.arbitration.co.za/downloads/expedited_rules.pdf.

 

8.          Copyright

8.1.         All Content on the Website is the property of BCOS, unless otherwise expressly stated, and is protected by South African and international trade restrictions, copyright, moral rights, trademark and other laws relating to intellectual property rights.  In addition, the compilation of all Content on the Website is the exclusive property of BCOS and is protected by South African and international copyright laws.

8.2.         The Website and its Content and all related rights shall remain the exclusive property of BCOS or its licensors unless otherwise expressly agreed.  Any unauthorised use, alteration or dissemination of the Content is prohibited.  Except if expressly permitted under this or another agreement with BCOS or one of its subsidiaries, or unless the prior written consent of BCOS is obtained, no portion or element of the Website or its Content may be copied or transmitted via any means.

8.3.         You acknowledge and agree that should you breach the terms of this clause 8, BCOS will have the right to claim damages against you, which will include (without limitation) the right to claim special, incidental, consequential or indirect damages.  BCOS will also be entitled to claim for loss of profits and loss of business and will be entitled to recover all legal costs on a scale as between attorney and own client.

8.4.         Nothing on the Website should be construed as granting any licence or right to use any trademark without BCOS's prior written permission and/or that of third party trademark owners, as the case may be.  To avoid any confusion, you may not use BCOS's intellectual property or that of third parties for any purposes whatsoever, without BCOS's prior written consent.

8.5.         BCOS endeavours to ensure that the most sophisticated technology and methodologies secure the Content reflected on the Website.  Notwithstanding this, BCOS cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Website.  In the event that you suspect a breach or where a breach may have occurred and such breach comes to your knowledge, please contact our customer service centre as soon as possible at +27 11 759 7215 or customercare@bigconcerts.co.za so that we can address the problem.

 

9.           Disclaimer

9.1.         The Website and the Content are provided by BCOS on an “as is” and “as available” basis, unless otherwise specified in writing or required by law.

9.2.         BCOS makes no representations or warranties of any kind, express or implied, as to the operation of the Website and the Content, unless specified in writing.  You expressly agree that you use the Website at your own risk.

9.3.         It is your responsibility to ensure that the Website and/or the Content are sufficient and suitable for your purposes and meet your individual requirements.  We do not warrant that the Website and/or the Content will meet your individual requirements.  You acknowledge that the Website and/or the Content are standard and not made bespoke to fit any particular requirements that you may have.  BCOS does not warrant that (i) the Website; (ii) the Content; (iii) the BCOS servers; or (iv) any electronic communications sent by or from BCOS are free from viruses or other harmful components.  Save in respect of gross negligence, BCOS will not be liable for any damage of any kind arising from your use of the Website or from any Content, including, but not limited to, direct, incidental and/or consequential damage, unless otherwise specified in writing.

9.4.         We are fully committed to providing you with the best possible service.  However, and without in any way limiting the general disclaimer set out in the paragraphs above, we are not responsible for:

9.4.1.      any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, or howsoever otherwise arising; or

9.4.2.       any inaccurate, incomplete or inadequate information obtained from the Website by you.  It is your responsibility to verify any information obtained by you from the Website.

9.5.         We will furthermore not be responsible for any direct or indirect or consequential loss or damages (including any loss of profits or business) that may arise from:

9.5.1.               any of the events described in this clause 9;

9.5.2.               your actions or omissions that result in a breach of these Terms;

9.5.3.               any links to other websites from the Website, which you acknowledge we cannot control, regarding the content or the products offered on those websites;

9.5.4.               a denial of access to the Website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the Website or put BCOS and/or its affiliates in danger of loss or damage or disrepute; or

9.5.5.               your reliance on any of the Content that you obtain from the Website.

 

10.      Waiver

10.1.      While BCOS makes every effort to ensure that the Website and/or the Content is complete, accurate and up to date, we make no representations or warranties (other than as expressly stated in writing) about the suitability or correctness of the Content that is included on or otherwise made available to you through the Website or about the soundness, completeness or accuracy of the Content.

10.2.      In the circumstances, to the fullest extent permissible by applicable law, you hereby agree that you will not hold us liable for any claim of whatsoever nature (including, lawsuits, legal proceedings, damages, costs, interest, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime) arising out of or relating to your use of the Website or any Content that you access on the Website.

 

11.        Linking to third party websites

11.1.      The Website may contain certain images and links to other third party websites with information, content or material produced by other parties.  These linked third party websites are not under the control of BCOS and BCOS will not be responsible for the information, content or material on any linked website, including, without limitation, any link contained in a linked website, or any changes or updates to a linked website.

11.2.      In the event that Content is derived from external sources, you agree that BCOS is not responsible, and will not be held liable, for any information or content, including incorrect, incomplete or inaccurate information or content, received from these external sources.

11.3.      BCOS is providing these links to you only as a convenience, and you acknowledge and agree that the inclusion of any such links does not imply an endorsement by BCOS of the linked website, their business or security practices, or any association with its operators.

11.4.      BCOS will not be liable for any errors or inaccuracies or incomplete information made available by third parties on the Website and you agree that, to the fullest extent permissible by applicable law, BCOS will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise for you from any disclosure to or by such third parties.

 

12.       Governing Law

By accessing and using the Website, you agree that the laws of the Republic of South Africa will govern your use thereof and any agreement that may arise pursuant to your purchase of Merchandise and/or Tickets through the Merchandising Outlet or the Ticketing Outlet, as the case may be, on the Website, and, subject to the dispute resolution procedure provided for in clause 7 above, you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of these Terms.

 

13.      Amendment

These Terms may be amended at any time.  Any amendments will be posted on the Website.  You shall be deemed to have read and accepted the latest version of the Terms available on the Website whenever you visit the Website, and those Terms shall henceforth apply to your use of the Website.   No other terms, whether proposed by you or otherwise, shall be of any effect unless agreed to and signed by us in writing.   

 

14.      Severability

If any clause of these Terms is found to be defective or unenforceable for any reason by any competent court or applicable authority, that clause will be severable from the rest of the Terms and the remaining clauses shall be and continue to be of full force and effect. 

 

15.       Contact Information

15.1.      The Website is operated by BCOS, a division of BCI, a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2001/014848/07.  The directors of BCI are Justin van Wyk and Adriaan Hendrik van Wyk. Our public officer is Justin Van Wyk and he can be contacted at +27 21 422 3500.

15.2.      Our physical business address and registered address is 6th Floor, Earlgo Building, 2 Park Road, Gardens, Cape Town. We will accept service of all legal processes at this address.

15.3.      Our postal address is PO Box 16580 Vlaeberg, Cape Town, 8018, and our facsimile number is +27 21 422 3510.

15.4.   For any customer related queries, please contact our customer service centre at +27 11 759 7215 or customercare@bigconcerts.co.za.