TERMS AND CONDITIONS OF USE OF WEBSITE
These Terms and conditions (“Terms”) govern use of the website of Friendtips (Pty) Limited (“Friendtips”) located at domain name www.friendtips.co.za and specifically the page of this website located at www.friendtips.co.za (the “Website” or the “Site”) by user/s (the “User” or “Users”). By accessing and using the Website, the User agrees to be bound by the terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained at the Website.
Friendtips reserves the right to periodically change, modify, add to or remove from portions or the whole of these Terms without notice, and the User is responsible for checking these Terms periodically for revisions. All amended terms become effective upon posting at the Website, and any use of this Website after such revisions have been posted signifies User’s consent to the changes.
- GENERAL
1.1. www.friendtips.co.za is owned and operated by Friendtips (Pty) Limited (registration no. 2004/001200/07). Friendtips enables its clients to perform various functions relating to the purchase of tickets to various events.
1.2. The User must agree to and must comply with the terms.
1.3. Any new features that will augment or enhance the Friendtips offerings are also subject to these Terms.
1.4. The User may not conclude any transaction with Friendtips without registering as a client and, by so registering, the User unconditionally and irrevocably consents to the User’s use of the Website (and all transactions concluded through the Website) being subject to these Terms.
- REGISTRATION
2.1. In order to use the services on the Website (in particular but without limitation, to purchase tickets using the service), the User must become a client. This entails a completion of a form on which the User will be required to insert various personal details. It is important that these details are accurate and correct so as to ensure the correct person receives the response.
2.2. The User agrees to:
2.2.1. Provide true, accurate, current and complete information (hereinafter referred to as “the Client’s Data”) about the User as required in Friendtips’ registration form; and
2.2.2. Acquaint himself/herself/itself and comply with these Terms.
2.3. If the User provides any information that is untrue, inaccurate, not current or incomplete or Friendtips suspects that such information is untrue, inaccurate, not current or incomplete, Friendtips has the right to suspend or terminate the User as a client, remove and discard any information gathered from the User and refuse any and all current or future use by the User of the services (or any portion thereof).
2.4. Friendtips may, in its absolute discretion, refuse or cancel the User’s registration or refuse to process any purchases by the User for any reason whatsoever. In addition, Friendtips reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently any of its services or any part thereof with or without notice. The User agrees that Friendtips shall not be liable to the User or to any third party for any modification, suspension or discontinuation of Friendtips’ services.
2.5. The representations and warranties made by the User and contained herein are material to Friendtips and have been relied upon by Friendtips to accept the User as a Client.
2.6. The User hereby warrants that the User is over the age of 18 and has the necessary legal capacity to become a client of Friendtips and to purchase Friendtips’ products.
- CONTRACTING WITH FRIENDTIPS
3.1. The Website is a mechanism in terms of which a User can obtain information of Friendtips and purchase certain tickets for specific events from Friendtips.
3.2. On becoming a client, the User has entered into a contract with Friendtips on the terms and conditions contained in these Terms. These Terms governs the User’s relationship with Friendtips.
3.3. Friendtips provides various kinds of information and tools (“the Information”) on the Website about Friendtips, Friendtips’ products and services.
3.4. Unless expressly otherwise stated, none of the Information on the Website must be treated as an offer. Such Information is merely an invitation to do business with Friendtips.
3.5. Any request submitted for any tickets and services via the Website does not constitute any guarantee that what is being requested will be supplied. An automatic response to your request must not be construed as formal approval of your request. It is only once you have been formally contacted by Friendtips that you may assume that you have been approved for particular tickets which you have requested.
- PRODUCT AVAILABILITY
4.1. All products displayed on the Website are subject to availability and will be obtainable only within the Republic of South Africa. The price shown on the Website is quoted in South African Rands and shall only apply in the Republic of South Africa. Friendtips reserves the right to either discontinue a particular product or change a particular product from time to time.
- PRICES
5.1. The User will be charged the prices reflected on the Website subject to availability of the particular ticket. The prices quoted includes Value Added Tax. Tickets purchased by the User for a specific event can be collected by the User from ____ [to be completed].
5.2. In the event that you introduce any third person to Friendtips and should such third person purchase a ticket for an event from Friendtips, Firendtips acknowledges that you should be entitled to commercially benefit from such introduction. In consideration, therefore, for the introduction by you of a client to Friendtips, Friendtips agrees to pay to you 10% of the cost of the purchase of the ticket purchased by such third party.
5.3. You will be contacted by a Friendtips representative to inform you of your payment and to obtain details from you as to where the payment should be made.
- payment
6.1. Payment for the purchase of tickets for an event will be effected on finalisation of the User’s order and shall be made prior to delivery of the tickets ordered. BY SUBMITTING YOUR ORDER, IDENTITY NUMBER AND PAYMENT CARD DETAILS, THE USER WARRANTS THAT THE USER IS AUTHORISED TO MAKE PAYMENT WITH THE PAYMENT CARD AND THAT THERE ARE SUFFICIENT FUNDS AVAILABLE TO PAY FOR THE ORDER.
6.2. Any order constitutes an offer on the part of the User to purchase the tickets for an event so ordered, subject to these Terms. Failure by Friendtips to formally confirm or notify the User of acceptance of the User’s order shall not effect the validity of the sale of the products or the enforceability of the sale of the products.
- INTELLECTUAL PROPERTY AND USE OF WEBSITE
7.1. The Website displays content (the “Content”) which is comprised of:
7.1.1. Copyright (the “Copyright”) in copyrighted works, including without limitation literary works, artistic works, sound recordings and cinematographic films, owned by the proprietors of such copyrighted works, including Friendtips and other third party owners of such content (the “Content Providers”); and
7.1.2. Trade marks, trade names, service marks, logos, style names, trading names and any slogans, jingles and associated copyrighted works (the Trade Marks”), which are proprietary to Friendtips or an affiliated company.
7.2. All such Copyright and Trade Marks are protected by South African and International copyright and trade mark laws.
7.3. All rights in and to the Copyright and the Trade Marks in the Content is reserved and retained by Friendtips and/or the Content Providers, as the case may be.
7.4. The User is entitled to access the Website and download, reference, reproduce and use the Content for the sole purpose of purchasing tickets for specific events referred to on the Website. Under no circumstances is the User entitled to access, download, reproduce or use any of the Website or the Content for any purpose other than the purpose expressly set out above.
- RIGHTS RESERVED
8.1. All rights of any kind in respect of this Website and the Content which are not expressly granted in these Terms are entirely and exclusively reserved to and by Friendtips.
8.2. Friendtips reserves the right to revoke all rights in these Terms without notice, at any time, and for any or no reason.
8.3. Friendtips reserves the right to stop the User from accessing and using the Website and reproducing, downloading and distributing the Content, upon breach of any Terms set out herein, and to make any claims or institute legal action or take any steps that Friendtips deems appropriate to address such breach.
- AVAILABILITY OF WEBSITE
9.1. Friendtips makes no warranty that access to and use of the Website and the Content will meet the User’s requirements, and cannot guarantee that the Content will be free of any errors and mistakes or inaccuracies, or that there will not be any interruption in service whilst the User is using the Website.
9.2. If the User detects any errors and mistakes or inaccuracies, or experiences an interruption in service whilst using the Website, the User undertakes to report these to Friendtips.
9.3. The User’s access to the Website may from time to time be restricted to allow for repairs, maintenance and the introduction of new functionality. In such event, Friendtips will attempt to restore service as soon as reasonably possible.
- COLLECTION OF PERSONAL INFORMATION
10.1. A User may submit certain information (“User Information”) to Friendtips using the Website interface. In doing so, the User undertakes to: (a) provide accurate, current and complete information about it as may prompted by any registration interface; (b) maintain the security of its password and login credentials; and (c) maintain and promptly update the User Information it provides during this process, so as to keep it accurate, current and complete.
10.2. The User agrees to responsibly maintain the confidentiality of its username and password and to accept liability and responsibility for all activities that occur and transactions that are entered into using that username and password. The User undertakes to notify Friendtips immediately of any unauthorised use of its account or any breach of security.
- USE OF USER INFORMATION
11.1. Friendtips is entitled to use the User Information to monitor the User’s access to the Website, respond to enquiries or request and/or to send the User information about news items or information relating to the Content, from time to time. The User Information will not be used for any other purpose and will not be sold or otherwise disclosed to any other entity, except those that are affiliated with Friendtips, and their successors in title.
11.2. The User has the right to access User Information held about him/her and Friendtips shall provide a copy of the User Information to any User that requests Friendtips thereto, by mail to: info@friendtips.co.za.
- SUBMISSION OF INFORMATION BY USER
12.1. The User warrants that information submitted or uploaded via the Website:
12.1.1. Does not infringe any third party’s rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);
12.1.2. Does not violate any law, statute, ordinance, regulation or legally binding code in any jurisdiction;
12.1.3. Does not depict graphic violence, is not pornographic or sexually explicit;
12.1.4. Is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
12.1.5. Is not intended or likely to cause harm to Friendtips’ computer systems including that which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- NO WARRANTY
13.1. This Website and the Content are provided “AS IS” without warranty of any kind, either expressed or implied.
13.2. Friendtips makes no warranties, nor shall Friendtips be liable, for any claims related to or arising from the User’s use of the Content. Accordingly, Friendtips expressly excludes any warranties pertaining to:
13.2.1. The completeness, veracity, accuracy, availability or currency of the Website or the Content or the reliability of information displayed at or otherwise made available through the Website, nor does Friendtips commit to ensuring that the Site remains available or that the Content is kept up-to-date.
13.2.2. Malicious code – Friendtips does not make any representations or warranties that the Website does not contain a malicious code. The User acknowledges and accepts the responsibility to operate its own anti-virus protection.
13.2.3. Secure communications – the Website is accessible via the Internet, and communications transmitted via the Internet are susceptible to monitoring and interception. The User is urged to exercise restraint and caution in all communications, and to apply industry-standard protection measures to their communication systems.
13.2.4. Friendtips does not grant to the User any warranties or make any representations relating to the Site, Content or the User’s use of the Site, and to the fullest extent permitted by applicable law, Friendtips excludes all warranties and representations.
- LIABILITY AND INDEMNITY
14.1. FRIENDTIPS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE SITE OR THE CONTENT, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE.
14.2. WITHOUT LIMITING THE GENERALITY OF THE EXCLUSION OF LIABILITY ABOVE, FRIENDTIPS WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT, CONTRACTS, BUSINESS, GOODWILL, DATA, INCOME, REVENUE OR ANTICIPATED SAVINGS ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE SITE OR THE CONTENT, WHETHER DIRECT OR INDIRECT; NOR WILL FRIENDTIPS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY EVENT THAT IS BEYOND ITS REASONABLE CONTROL.
14.3. THE USER HEREBY INDEMNIFIES AND HOLDS FRIENDTIPS HARMLESS FROM AND AGAINST ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND LIABILITIES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF THE SITE OR THE CONTENT; OR THE USER’S USE OF THE SITE OR ANY CONTENT; OR THE USER’S VIOLATION OF THESE TERMS.
- HYPERLINKS TO THIRD PARTY SITES
This Website may contain links to third party websites for the User’s convenience. Friendtips has no control over such websites, and the inclusion of a link to a third party website does not imply a warranty, representation or endorsement by Friendtips or the providers of that third party website or its content, or any products or services offered through that website. If the User is directed through to a third party website, the User will leave the Website, and visit those other websites at the User’s own risk.
- SEVERABILITY
If any term or condition of these Terms is determined to be invalid or unenforceable by a Court of competent jurisdiction, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
- BREACH OF THESE TERMS
17.1. Without prejudice to our other rights under these Terms, if the User breaches any of these Terms in any way, or if Friendtips suspects on reasonable grounds, that the User has breached any of these Terms in any way, it may:
17.1.1. Send the User one or more formal warnings;
17.1.2. Suspend the User’s access to the Site;
17.1.3. Delete the User’s information from its records;
17.1.4. Permanently prohibit the User from using the Site;
17.1.5. Block computers using the User’s IP address from accessing the Site;
17.1.6. Contact the User’s internet service provider and request that they block the User’s access to the Site; and/or
17.1.7. Bring court proceeding against the User for breach of contract or otherwise.
17.2. Where Friendtips suspends or prohibits or blocks the User’s access to the Site or a part of the Site, the User shall not take any action to circumvent such suspension or prohibition or block (including without limitation submitting or using different information).
- RELAXATION / NON-WAIVER
18.1. No relaxation by Friendtips of any of the Terms will be binding for any purpose unless expressed in writing and signed by Friendtips. Any such relaxation will be effective only in the specific instance and for the purpose given.
18.2. No indulgence granted by Friendtips shall constitute a waiver or abandonment of any of its rights in terms of these Terms. Friendtips shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against User which may have arisen in the past or which may arise in the future.
- CHOICE OF LAW, JURISDICTION
These Terms are subject to the laws of the Republic of South Africa. By agreeing to these Terms, the User submits to the jurisdiction of the High Court of South Africa for all matters relating to these Terms.
- REQUIRED INFORMATION IN TERMS OF ELECTRONIC COMMUNICATIONS AND TRANSACTION ACT NO. 25 OF 2002 (ECT ACT)
The following information is required to be published by the Website owner in terms of Section 43 (1) of the ECT Act:
20.1. Full name of Website owner: Friendtips (Pty) Limited;
20.2. Registration number: 2004/001200/07;
20.3. Directors of Friendtips can be obtained at www.friendtips.co.za;
20.4. Friendtips’ physical address and domicillia citandi et executandi: Silvan Park Unit 9, Westlanke Business Park, Westlake, Cape Town, Western Cape, Republic of South Africa;
20.5. Friendtips’ telephone number: +27 21 702 1613
20.6. URL: www.friendtips.co.za;
20.7. Alternative dispute resolution: Any dispute regarding access to or use of this Website, the Content, and these Terms, shall be referred for expedited arbitration in terms of the rules of the Arbitration Foundation of South Africa, to be heard in Johannesburg, in English.
20.8. This Website was most recently updated on 17 July 2015.
20.9. Our email address is: info@friendtips.co.za.
20.10. Friendtips VAT number is: 4570211989.
20.11. Friendtips’ Chief Executive Officer is: Kosie van Niekerk.