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 International (Pty) Ltd (“we”, “us” or “BCI”) 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. IMPORTANT NOTICE:
1.4.1. 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.
1.4.2. All items in the Terms indicated in BOLD are provisions which limit the risk or liability of BCI 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.
2.1. In these Terms the following words and/or phrases shall have the meanings assigned below:
2.1.1. “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, 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;
2.1.2. “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 view information about Events;
2.1.3. “Electronic Device” means any device used to access the Website, whether this is a personal computer, cellphone, tablet or other device;
2.1.4. “Events” means entertainment and other events hosted by BCI;
2.1.5. “Terms” means these terms and conditions;
2.1.6. “Website” means http://www.bigconcerts.co.za; and
2.1.7. “you”, “user” means the user of the Website, and shall further be deemed to include any member of the Big Concerts Fan Club.
3. Electronic communication
3.1. When you visit 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 BCI.
3.2. BCI 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 information on Events; and
4.1.2. to give us your feedback on our 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. BCI 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 BCI 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 BCI, the Website or to other users of the Website;
4.3.4. your gathering information about other persons without obtaining BCI’s and/or their prior written consent to do so.
4.4. You acknowledge and agree that all Content, including information relating to Events and services or any terms or conditions pertaining thereto, is subject to change.
5. Consent to use Personal Information
5.1. By giving us your personal information, if any, you consent to us using it for the following purposes:
5.1.1. to personalise your experience of the Website and our services; and
5.1.2. to inform you about new Events that may be of interest to you.
5.2.1. BCI 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, BCI subscribes to the principles outlined in section 51 of the Electronic Communications and Transactions Act, 2002 (the “ECT Act”) and the Protection of Personal Information Act, 2013 (“POPI”). The ECT Act can be accessed electronically at http://www.internet.org.za/ect_act.html, and POPI can be accessed at http://www.justice.gov.za/legislation/acts/2013-004.pdf.
5.2.2. BCI will not:
220.127.116.11. 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;
18.104.22.168. 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;
22.214.171.124. 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;
126.96.36.199. 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, BCI shall keep a record of:
188.8.131.52. the personal information;
184.108.40.206. the specific purpose for which the personal information was collected;
220.127.116.11. 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. BCI will delete or destroy all personal information which has become obsolete.
5.2.5. BCI 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 in compliance with the provisions of POPI.
6. Big Concerts Fan Club
6.1. You are required to provide us with your contact details in order to sign up for the Big Concerts Fan Club, which may give you access to exclusive pre-sale offers Events and all of Big Concerts’ latest news and announcements.
6.2. Without prejudice to any other rights of BCI, it reserves the right, in its sole discretion, to refuse to allow you continued access to the Website and/or to transact with you if the contact details provided to us by you reasonably appear to us to be false, or should you commit a material breach of these Terms.
Without limiting any provisions pertaining to the resolution of disputes contained elsewhere in these Terms, any dispute between you and BCI 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.
8.1. All Content on the Website is the property of BCI, 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 BCI 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 BCI 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 BCI or one of its subsidiaries, or unless the prior written consent of BCI 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, BCI will have the right to claim damages against you, which will include (without limitation) the right to claim special, incidental, consequential or indirect damages. BCI 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 BCI'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 BCI's intellectual property or that of third parties for any purposes whatsoever, without BCI's prior written consent.
8.5. BCI endeavours to ensure that the most sophisticated technology and methodologies secure the Content reflected on the Website. Notwithstanding this, BCI 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 us as soon as possible at +27 11 759 7215 or through our Website at http://www.bigconcerts.co.za/contact_us so that we can address the problem.
9.1. The Website and the Content are provided by BCI on an “as is” and “as available” basis, unless otherwise specified in writing or required by law.
9.2. BCI 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. BCI does not warrant that (i) the Website; (ii) the Content; (iii) the BCI servers; or (iv) any electronic communications sent by or from BCI are free from viruses or other harmful components. Save in respect of gross negligence, BCI 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 BCI 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.
10.1. While BCI 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 BCI and BCI 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 BCI 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. BCI 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 BCI of the linked website, their business or security practices, or any association with its operators.
11.4. BCI 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, BCI 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, 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.
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.
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 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 us at +27 11 759 7215 or through our website at http://www.bigconcerts.co.za/contact_us.