BETWEEN
SOLDOUTAFRICA
&
THE CUSTOMER
SOLDOUTAFRICA ('we', 'our' and 'us') owns and operates the Website and Application, SOLDOUTAFRICA and provides the Services. These terms and conditions ('Terms') apply to any person that visits the Website to use the Services including making registrations and bookings or purchasing tickets for an event or activity listed by an Event Organiser on the Website.
By accessing the Website and using the Services you agree to be bound by these Terms, the Website Terms and any additional terms and conditions applicable to specific Services that you use from time to time.
In these Terms:
These Terms, together with the Website Terms of Use, and any additional terms and conditions applicable to specific Services that you use from time to time, set out the legal terms of our relationship with you. These Terms supersede any course of dealing, discussions or representations between you and us and any earlier terms and conditions.
You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.
Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Services.
We reserve the right to change these Terms by publishing new terms on the Website. This may include changes needed to reflect changes to the law or changes to our Services. You should review the Terms published on the Website regularly. Your continued use of the Services constitutes your acceptance of these Terms as amended from time to time. If you do not agree to the changed terms you should discontinue your use of the Services immediately.
If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.
If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have, including taking any action in the future.
The Terms apply to our relationship with you only.
Event Organisers may impose additional terms and conditions to apply to events and activities for which you register, make a booking, purchase tickets or make payments. It is your responsibility to review these carefully before you make a registration or booking or purchase tickets.
Nothing in the terms and conditions of an Event Organiser binds us, creates any obligations on us to you or gives you any rights against us.
We facilitate the management of events and sale of tickets and the collection of payments for Event Organisers.
We allow Event Organisers to create their own event pages on the Website which you can access to make bookings and registrations, purchase tickets and make payments.
We act as agent for the Event Organiser only and all transactions, including sales and payment transactions, on our Website are between you and the Event Organiser.
Except as expressly set out in these Terms, we are not responsible for the event or liable for any dispute over an event, ticket purchase, refunds or other payment. That is at all times a matter between you and the Event Organiser. Any claims you may have (including refunds or otherwise in relation to cancellation or postponement of events) lie solely with the Event Organiser and, to the extent permitted by law, we have no responsibility for such matters and exclude all liability for such claims.
When you use our Website to make a booking, register for an event, buy a ticket or make a payment for another purpose, all information you provide to us must be true, accurate and complete.
You acknowledge and agree that:
The customer has the responsibility to present ticket purchased at the gate for scanning. Refusal to do so will invalidate their access to the event.
The Customer must cooperate with the event security personnel and staff at the event.
The Security personnel reserves the right to and has the authority to deny the customer gatepass in case the customer becomes unruly. A customer denied access due to their conduct does not and cannot demand refund.
The customer is responsible for their own safety and the safety of their belongings during the event. Soldoutafrica has no responsibility whatsoever for any items lost during an event.
Soldoutafrica offers support only through their official channels.
The customer is free to reach out to any support channel in case of any issue. Soldoutafrica has a 48-hour response time to any grievance raised by the customer.
You must ensure that you only use the Website and Services to access the Services and do not use the Website or Services in any way that could damage or harm the Website or Services.
The Services may not be used for unlawful, prohibited, defamatory, obscene, offensive, socially unacceptable or fraudulent content or activity.
You may not, and may not cause or permit others to remove or modify any markings or any notice of our or a third party's proprietary rights, modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services or the Website, or access or use the Website or Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive with the Website or Services.
You must not use the Website or Services or publish or upload any hyperlinks or content for the purpose of deriving commercial gain that is outside the scope of the relevant event or activity.
You also agree that you will not:
If there is a complaint or we receive notice of a violation, your use of the Website and Services may be suspended until resolved and terminated if not able to be resolved or is not resolved promptly.
Soldoutafrica reserves the right to void any tickets obtained through fraud by the customer.
All credit card purchases are processed through a secure online payment system.
Each ticket you buy and payment you make on our Website is subject to a non-refundable per order booking or service fee which may, at the option of the Event Organiser, either be identified separately to you or included in the ticket price or amount payable at the time of booking.
Our fees are not negotiable and subject to change.
We operate on a 'No Refund Policy' any refund is the responsibility of the event organiser.
Sometimes events are varied, postponed or cancelled by the Event Organiser. We have no control over this and you acknowledge and agree that the Event Organiser is solely responsible and liable to you for providing any refund or comparable ticket in such circumstances.
The responsibility to ascertain whether an event has been varied, postponed or cancelled is a matter between you and the Event Organiser. We do not guarantee that ticket holders will be informed of a variation, postponement or cancellation before the date of the event.
Soldoutafrica reserves the right to cancel tickets in case we detect any fraudulent activity in the payment or any legal consequence aforeseen.
You acknowledge and agree that we cannot exchange or refund a ticket or any other payment, that is a matter solely between you and the Event Organiser.
Any booking fees paid by you to us will not be refunded in any circumstances (including where the ticket price has been refunded by the Event Organiser).
Unless indicated otherwise all content and materials in any format on the Website and all intellectual property in the Website is owned or licensed by us.
Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.
All rights not expressly granted are expressly reserved to the maximum extent permitted by law.
We do not control and are not responsible for Third Party Content and you bear all risks associated with your access to and use of Third Party Content.
Any Third Party Content made accessible by us is provided on an 'as-is' and 'as available' basis without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.
We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.
You consent to all Personal Information (including Sensitive Information) that you provide to us or to the Event Organiser via the Website being collected, used and disclosed in accordance with the Privacy Policy for the purposes of enabling you to use the Website and the Services.
We may suspend or terminate your right to use all or any part of the Services at any time if:
We will use reasonable efforts to provide you with notice of any such suspension or termination.
We will not be liable to you or any third party for any such suspension or termination of your right to use or access all or any part of the Services.
All provisions of these Terms that by their nature should survive termination of your access to the Services shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.
We are not responsible for failure to fulfil our obligations due to causes beyond our control.
You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Services, your reliance on anything contained in or omitted from the Website, being unable to access the Services or the Website for any reason (including our negligence) or the failure of the Services for whatever reason (including our negligence).
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
If any provision of these Terms is deemed to be invalid or unenforceable, all or part of that provision will be severed from these Terms and will not affect the enforceability of the remaining provisions.
Any failure by us to assert any right under these Terms shall not constitute a waiver of such right. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.
These Terms are governed by the laws of the Republic of Kenya.