Terms & Conditions
Seatme is a division of Atterbury Trust (Registration No: IT4555/98) (‘us’ / ‘we’), which provides to its clients and customers inter alia, from time to time, a comprehensive listing of clients’ events (hereinafter “Events”) and related information on our website https://www.seatme.co.za/ (hereinafter the “Website” / “Platform”); ticketing services; ticketing resources; online streaming of concerts; the production and selling of merchandise and other types of promotional activities (hereinafter referred to as “Services”).
We will make it easy for you as customer (“you”) to not only view Events and information regarding Events (on our Platform), but to also upload some of your own video or film material of Events, experiences at Events and comments thereon.
This is also a Platform from which you can purchase your tickets to live Events and online streaming concerts, gift cards for live Events, online streaming concerts and Events and/or direct purchasing of merchandise being offered by us or a supplier to us, whether it be related to a certain Event, concert or artist, or not. This will all be done on this one Platform for your ease of use.
These Website Terms and Conditions of Agreement (hereinafter the “Terms”) will govern our relationship with you. These Terms will supersede and replace any prior agreements between you and us relating to the subject matter of these Terms.
Table of Content
1. Important Consumer Protection Provisions
1.1 If you are a consumer, as defined in the Consumer Protection Act 68 of 2008 (‘Consumer Protection Act’) we have a duty to point out certain important terms to you.
1.2 The paragraphs which contain these important terms and reasons why they are important are set out below:
(1) Limitation of our liability: Paragraphs 2.3; 7.1; 7.2; 8; 10.4; 14.1; 14.2; and 14.3 are important because they limit and exclude obligations, liabilities and legal responsibilities which we may otherwise have to you. It also limits and excludes your rights and remedies and place various risks, liabilities, obligations and legal responsibilities on you.
(2) Assumption of risk: Paragraphs 2.3; 7.1; 7.2; 8; 10.4; 14.1; 14.2; and 14.3 are important because they contain assumptions of risk by you and may limit your rights and remedies against us.
(3) Acknowledgment of fact: Paragraphs 2.1; 8; 11; 13.4; and 14.4 are important because they each contain an acknowledgement of fact by you.
(4) Indemnity: Paragraphs 8 and 14.5 require you to indemnify (hold us harmless) us against claims that may be made against us in certain circumstances – this may place various risks, liabilities, obligations and legal responsibilities on you and we may claim payment from you in the amount of these claims or require you to hold us harmless against any related harm that you may suffer or incur.
2. Use of Platform
2.1 If you disagree with any of the provisions of these Terms or our privacy policy set out on our Website (hereinafter the “Privacy Policy”), you must not make use of our Website, Platform or our Services. By making use of our Website, Platform and/or Services, you confirm that you have read through, understand and agree to these Terms and the manner in which we will use your personal and other information in accordance with our Privacy Policy.
2.2 Minors and Capacity
You are not allowed to make use of this Platform if you are under the age of 18 years. If you do not to have a legal capacity to contract, you are not permitted to make use of this Platform, unless you are supervised and represented by an adult.
2.3 Platform Availability
Our Platform may be unavailable from time to time as all online services may suffer disruptions sometimes and we will not be held liable to you or any third party for any loss suffered by you or such third party due to any such disruption. We, accordingly, recommend that you save all tickets, gift cards and or other data necessary as soon as you can retrieve this.
3. Code of Conduct
3.1 You are only allowed to make use of this Platform for the purposes for which it was created, in accordance with these Terms.
3.2 When using this Platform, it shall only be used by you solely in relation to the Services it provides and to use it for the purposes of interaction, social commentary, uploading of any photography or film material to the site and the buying of tickets, gift cards, viewing of Events and online Events on offer or to purchase merchandise.
3.3 If at any point we feel that this Platform is being abused or incorrectly used in any way whatsoever, we reserve the right to remove any photography, film, commentary or any other material posted or uploaded by you to this Platform at any given time, in our sole and reasonable discretion.
3.4 If at any point we feel that this Platform is being used for advertising, unless previously approved by us, we will take steps to remove all such content, and reserve the right to take any further steps available to us in law or contractually, if deemed necessary in our sole and reasonable discretion.
3.5 This Platform may not be used in any way whatsoever which would by any standards breach South African legislation and International legislation binding on South Africa, and this includes but is not limited to the following: –
(1) Criminal activity of any kind whatsoever;
(2) Defamatory language being pitted against us or anyone else;
(3) Misleading, false or fraudulent activity;
(4) Any activity that aims or does exploit minors or aims to threaten or harm minors;
(5) Racism of any kind whatsoever or language, uploaded material, whether intentional or unintentional which violates the rights of others;
(6) Any act which would give rise to civil liability on your or our part as we do encourage you to read and understand these terms and conditions before use;
(7) Any act which restricts anyone else to make use of this platform, apart from a legal obligation on your part;
(8) Any act which encourages criminal activity;
(9) Any act which infringes on the privacy of this platform, or which infringes on the privacy of any other legal, juristic or natural person; and
(10) Any other action which we might deem to be objectionable, in our reasonable discretion.
4. Purchasing Tickets
4.1 When purchasing a ticket through this Platform, you can either print your ticket and keep it in a safe place like you would any other ticket, or you could simply keep the ticket available on your electronic device (mobile device) where we’ll be able to scan the bar-code or QR-code before you will be allowed entry to the specific Event you purchased the ticket for.
4.2 Should the ticket be purchased for an online Event, you would simply be able to access your online Event or streaming Event via submitting the relevant details as per your ticket details and as per request on the online Platform to allow you access to the specific online Event.
4.3 You are NOT ALLOWED TO SELL YOUR TICKET as your personal details are captured via your online transaction and it is not transferable.
4.4 All sales are subject to credit/debit card approval, name and billing address verification and once your ticket has been scanned once, we will be alerted that the QR-code or bar-code has been used / activated.
4.5 Should we discover that you have duplicate tickets or that you have sold your ticket in any way whatsoever, regardless of whether profit was involved or not, an extra R 300.00 (THREE HUNDRED RAND AND ZERO CENTS) will be charged as a processing fee.
4.6 Please note that any breach of the terms in this paragraph 4 shall constitute a material breach of these Terms, is unlawful and will be the responsibility of the original ticket-purchaser to ensure that the ticket/s purchased remain for his/her/its sole use only.
5. Purchasing Gift Cards
5.1 When purchasing a Gift Card through this Platform, you can either print the Gift Card and keep it in a safe place or you could simply send the Gift Card available on your electronic device to its intended recipient where we’ll be able to scan the bar-code or QR-code before the recipient will be allowed use of the Gift Card.
5.2 The Gift Card can be purchased for certain types of Events and any amount can be loaded onto this Gift Card.
5.3 The recipient of the Gift Card would be able to access certain but not all live, online or streaming Events via submitting the details contained on the Gift Card and as per the requested online Platform, to allow the recipient access of use to the Platform and its Services.
5.4 Our Gift Card is redeemable for purchases and Services that only we offer and can’t be redeemed elsewhere or for a cash value.
5.5 The recipient may also use the Gift Card to make certain online purchases or purchases at live Events, but not all merchandise will be available to be redeemed via Gift Cards.
5.6 Every time the Gift Card is used, the QR-code or bar-code will be scanned, and the amount used for an online Event, live Event, streaming Event or for the purchase of merchandise will be deducted from the balance of the Gift Card.
5.7 Subject to paragraph 5.12, a Gift Card cannot be topped up by the recipient and is used until the amount on the card is depleted and any unused amount remains on the Gift Card and will not be redeemable for cash or refund, whatsoever.
5.8 Although the Gift Cards are redeemable for most Events, the Gift Cards are not redeemable in terms of all Events and at all outlets and venues, and the same applies regarding merchandise being sold online or at live Events.
5.9 If you do not understand these provisions relating to the purchasing of Gift Cards, please refrain from buying a Gift Card before understanding where and when it may or may not be used or redeemed and please make an enquiry with us and we’ll guide you in terms of the Gift Cards terms of use.
5.10 Please check with the outlet or venue whether the Gift Card is valid for the specific Event/outlet before arrival at a live Event and do the same in terms of certain online Events or streaming Events when your intent is to use your Gift Card or to buy a Gift Card for a specific Event for another person, to avoid any disappointments.
5.11 Lost or Stolen Gift Cards
We will not be held liable for any lost or stolen Gift Cards as the Gift Card remains the sole responsibility of either the purchaser or the recipient thereof. Please take note that you should take care of your Gift Card as this Gift Card is not replaceable if stolen or lost. If you do not understand this, refrain from purchasing a gift card or please contact us for more information regarding this paragraph 5.
5.12 Exceeding the Gift Card Balance
If, for any reason whatsoever, the Gift Card holder should want/need to exceed the balance on their Gift Card, the holder of a valid Gift Card may pay the excess amount via debit card, credit card or EFT to us and upon receiving the said amount paid, the Gift Card holder will be able to make any applicable purchase via the Platform. In some instances, at our discretion, cash payments will also be an acceptable form of payment.
5.13 Restrictions on use of Gift Cards
(1) A Gift Card may not be used in connection with any marketing, advertising or promotional activities without formal consent given by us in writing.
(2) A Gift Card may only be sold through our platforms and may not be resold by the holder of such a Gift Card for a cash amount or for profit or for any reason whatsoever.
(3) We reserve the right to cancel a Gift Card if we are of the reasonable opinion that the Gift Card was obtained through fraudulent or unauthorized means and not through us or as a gift.
(4) Please note that a Gift Card is in no way seen as a Credit Card, line of credit or type of deposit and may only be used solely for the purpose set out in these Terms and in accordance with the information provided on our Platform.
(5) We reserve the right, in our sole discretion, to limit the quantities of Gift Cards being purchased by any one individual, juristic or legal person at any given time and any special requests in terms of amount of Gift Cards being issued will be treated on an ad-hoc basis, in our discretion.
6. Surcharge
6.1 We will impose a surcharge on you in certain circumstances including, but not limited to, the following:
(1) If a concert / Event is cancelled due to unforeseen circumstances beyond our control and/or if our suppliers, artists, crew, merchandise providers and all others in our supply chain increase their prices beyond our control, as we remain liable based on the terms and conditions of our supply chain or third-party supplier agreements; or
(2) If a concert / Event is rescheduled to a different date in totality, to a different venue with increased costs, or to a different financial year, which has a cost implication on all in our supply chain, inclusive of the artists, those providing merchandise and any other third-party suppliers.
6.2 We will however use all reasonable endeavours to keep to the published prices at all applicable times and will address any grievances raised by you on a case-by-case basis.
7. Force Majeure
7.1 We are not responsible and can’t be held liable for any losses suffered by you as a result of our non-performance, partial performance or a delayed performance, resulting wholly or partly from any occurrence or any circumstances beyond our reasonable control, whether or not due to natural, unnatural or any other factors falling outside our control which include, but are not limited to, the following:
(1) civil commotion, labour disturbances, riots, blockades, embargo, strikes, lock-out or public disorder, endemics, pandemics, or any other activity which is calculated or directed to bring about any of the foregoing;
(2) war, invasion, an act of a foreign enemy, hostilities or warlike operations (whether it be declared or not by Government) or Civil War; or
(3) our acts or omissions or that of third parties, inclusive of Governmental Authorities and all Public Authorities or if deemed that your safety or the safety of your property might be in jeopardy, and this remains the sole discretion of the staff at any of our venues.
7.2 We will use all reasonable endeavours to continue to perform our duties as listed on the Platform but shall have no liability to you should this not be reasonably executable due to any factors beyond our control, as set out in paragraph 7.1 above.
8. Health & Related Disclaimer
We are and shall continue to ensure that all necessary protocols and regulations, that may be required and/or implemented by any government institution, the legislature or otherwise, are always adhered to, including in relation to any health and safety, pandemics, epidemics, state of emergency and the like. We, however, disclaim any and all liability toward you when visiting any venue, facility and/or Event controlled by us, including, without limitation, any health-related harm that you may suffer as a result of you visiting the aforementioned places. You accordingly agree to indemnify us against any such (direct or indirect) harm that may be suffered by you in this regard. You shall assume all related risks in this regard.
9. Refunds
9.1 All purchases made using this Platform is final and no refunds will be offered for any reason including, without limitation, the occurrence of an event of Force Majeure (in terms of paragraph 7), subject to the applicable provisions of the Consumer Protection Act and/or any applicable laws.
9.2 Should the Consumer Protection Act or any applicable laws so require, or otherwise in our sole discretion, we will provide you with a refund, through the digital wallet facility on our website (only) in the form of a credit, to the value of the applicable ticket, for the ticketholder to make use of on a future date for either the same, rescheduled, Event or for a different Event or Service, as permitted by any applicable laws.
9.3 Should you be dissatisfied with receiving a refund in the form provided in paragraph 9.2, you are welcome to log an official written complaint in terms of paragraph 10 and we will address your specific complaint on a case-by-case basis.
10. Complaints
10.1 All complaints should be made in writing via e-mail to info@seatme.co.za.
10.2 Any complaints in writing should be made no later than 15 business days after any incident occurred, after which we will follow up with you regarding your complaint in order to reach a satisfactory resolution as soon reasonably possible.
10.3 If you have any query or question that can be solved more easily, you are more than welcome to also make use of our phone line at (+27) 71 686 7733 and we will use all reasonable endeavours in attempting to resolve your complaint swiftly. Alternatively, kindly lodge your enquiry via e-mail if we are unable to answer you immediately.
10.4 Although we will use all reasonable endeavours in attempting to resolve your complaint swiftly, this can’t be guaranteed by us as we are sometimes bound by third-party supply agreements (that prevent us from doing so) or we may be subjected to events of Force Majeure, and we shall not be held accountable to you in such instances. However, will use all reasonable endeavours to address each complaint on a case-by-case basis.
10.5 Should an incident go unreported, please refrain from making any related broadcast on public websites / online platforms as this may lead to a claim against you for defamation of character.
11. Intellectual Property Rights
11.1 We shall retain ownership of all copyright and any other intellectual property (e.g., designs; patents; registered or unregistered trademarks; trade, business, company or website or email domain names; know‑how, inventions, processes; software; plug-ins; and any other proprietary, licence or personal rights arising from intellectual activity in our business and on our Platform) created or provided by us while rendering the Services, including but not limited to any programme, website, document and any product produced pursuant to these Terms / the Services. All original ideas created by us while rendering the Services to you will remain our property.
11.2 Photography and Film
You hereby grant to us the right to make use, without any notice to you, of any photography or film provided by you or taken by us or any of our staff or third-party suppliers, for commercial exploitation, general advertising and / or publicity purposes without payment or credit to you. You expressly acknowledge that you and any person who appears in the photographic and film material provided by you shall have the right to decline our use of such materials for marketing purposes in terms of the Consumer Protection Act.
11.3 Copyright
(1) Photographs and videos, whether provided by you or produced by us (or any of our representatives), that appears on this Platform or any of our social media platforms are and shall remain our property.
(2) To the extent necessary, you hereby grant to us the irrevocable worldwide, perpetual, exclusive, transferrable and unlimited rights (unlimited in terms of territory, time, platform, medium and purpose) to exploit the photographs and videos (uploaded to the Platform by you) in any manner and on any platform or medium in our sole discretion. You further grant us the right to alter the said photographs and videos, in our sole discretion.
(3) By uploading any other material or comments to our Platform, you waive in our favour any right to such material (including any applicable moral rights) and give us sole rights to use any electronic material uploaded to our Website without any credit or notice being given to you, unless as otherwise agreed between you and us in writing to the contrary.
(4) Any and all information on this Platform is and remains our property or that of our suppliers, who has granted us the sole right and licence to use and control same in accordance with the Copyright Act 98 of 1978 (“Copyright Act”).
(5) You are not allowed to download any information from this Platform for personal use, advertising or any other reason whatsoever, without receiving our written consent, due to licensing agreements with our suppliers, artists and/or other service providers.
(6) You hereby warrant that you have all the rights required, to the upload (to the Platform) the said photographs and videos and to grant the applicable rights to us, as set out in this paragraph 11.
11.4 This paragraph 11 hall continue to apply after these Terms are terminated (for whatever reason). A breach of this paragraph 18, shall constitute a material breach of these Terms.
12. Confidentiality and Non-Disclosure
You hereby undertake both during the term of these Terms and after termination hereof (regardless of the manner in which these Terms are terminated), not to disclose in any manner whatsoever (directly or indirectly) any information pertaining to the content of these Terms and/or the finances, working methods, business secrets, designs and other business or related affairs of us, which you have become aware during the term of these Terms and/or as a result of any dealings with us arising out of the implementation of these Terms.
13. Data protection and Marketing
13.1 We support and implement International (“GDPR”) and Local (Protection of Personal Information Act 4 of 2023 – hereinafter “POPIA”) legislative frameworks as both ensure the protection, security and compliance of data protection. Our website hosting company is a Data Processor and Data Controller. The Data Processor is the entity which processes personal information/data on behalf of the Data Controller, for example: Storage recording, organising and retrieval of data and the Data Controller is the entity which determines HOW and WHY the data is being processed. Our site hosting company processes your data by storing all data on their servers. For more information on how we process your personal information (as defined in POPIA), please refer to our Privacy Policy, set out on our Website.
13.2 Our website hosting company is GDPR compliant as well as POPIA compliant. However, in the unlikely yet possible event where a breach in security or a cyber-attack arises, we will not be held liable as it is beyond our control (subject to any applicable laws).
13.3 We undertake to process your personal information (as defined in POPIA) strictly in accordance with POPIA, GDPR and all applicable laws.
13.4 When you give personal information to us concerning any third-party Data Subject (including any photographs or videos containing images or other personal information of such Data Subject), you confirm that you have authority to act as their agent and hereby give us consent to use all such personal information any third-party Data Subject. In addition to other applicable justifications that are applicable under POPIA you hereby also give us your express consent to process your personal information (including any applicable photographs and videos uploaded to the Platform by you).
14. Indemnity and limitation of Liability
14.1 Although we always take great care to assure your comfort, ease of use of this Platform and ease at any Event or streaming Event, and although certain insurances have been arranged, we will not be held liable in any way whatsoever for any damage or loss of personal effects during attendance of a live or streaming Event.
14.2 Your personal belongings remain your responsibility and you will have no claim against us should you suffer any loss or damage during or through either the use of this Platform, or at a live or streaming Event.
14.3 Attending any live Event at any venue and making use of this Platform is done at your own risk and you waive any claim which you might have against us for any injury and/or loss of any nature whatsoever (including, without limiting the generality of the foregoing, consequential loss) arising for any reason of any nature, directly or indirectly out of any aspect of making use of this Platform or either attending any live Event or uploading any material to this Platform. This waiver will be binding on your executors, heirs, trustees, dependents and successors in title.
14.4 By making use of this Platform, you confirm that all Services provided by us are accepted voluntarily by you and with full knowledge that same might expose you to injury, illness, danger or loss of or damage to property or person.
14.5 You accordingly hereby indemnify us and hold us harmless against any claims, damages or losses that you may suffer or incur, or that any party on whose behalf you represent may suffer or incur, arising as a direct or indirect result of:
(1) any damage to or loss of personal effects during your attendance at a live or streaming Event or your use of the Platform;
(2) any injury caused as a result of your attendance of a live or streaming Event or your use of the Platform; and
(3) the use by us of any photographs and/or videos that you may upload to the Platform pr that may be taken, produced and used by us or any of our representatives.
14.6 Notwithstanding any provision to the contrary contained in these Terms, in no event shall we or any of our officers, directors, employees, agents contractors, consultants or other representatives be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including, without limitation, loss of profits, loss of goodwill, lost or damaged data or software, loss of use, downtime, costs of substitute products and/or loss of business or business opportunities) arising from these Terms.
15. General
15.1 We reserve the right to amend any provision of these Terms when we deem it necessary to do so and it remains your responsibility to read through the updated Terms before making use of this Platform, subject to any applicable laws.
15.2 These Terms are the whole agreement between you and us in regard to its subject matter. No addition to or variation or consensual cancellation of these Terms, including this clause, has effect unless in writing and signed by both you and us.
15.3 No indulgence by a party (to these Terms) to another party, or failure strictly to enforce the terms of these Terms, is to be construed as a waiver or be capable of founding an estoppel.
15.4 No party (to these Terms) is entitled to cede any of its rights or delegate any of its obligations under these Terms without the prior written consent of the other party affected by the transfer of rights or obligations.
15.5 These Terms are governed by South African law and any dispute in relation to these terms shall be subject to the jurisdiction of the applicable South African courts.
15.6 Any illegal or unenforceable provision of these Terms may be severed and the remaining provisions of these Terms shall continue in force and effect.