Terms & Conditions

Terms and Conditions

Welcome to the KTMP Events website (including all webpages, subdomains and subparts therein contained, the “Site”) of KTMP Hospitality Group (Pty) Ltd t/a (“KTMP Events”, “we”, “us” and/or “our”). The Site has been created (i) to provide information about KTMP Events (ii) to provide customized online event management, registration and ticketing services (the “KTMP Events Services”) and (iii) to provide information about events listed on the Site.

Please read our terms and conditions carefully as the use of our Site is subject to the terms and conditions published on our Site at the time of your use. We may change our terms from time to time and such changes will take effect as and when published on this Site. If you do not accept our terms of use then please do not make use of our Site or the KTMP Events Services.

Important Notice

Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been highlighted in bold. Please pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our Site and the KTMP Events Services.

If you are not yet 18 you must obtain your parents’ or legal guardians’ consent and permission to be bound by the terms of our Site prior to you using any of the KTMP Events Services or participating in any of the events offered. If you are under 18 and fail to obtain such consent you may not use not use the Site or the KTMP Events Services. Hyperlinks, that are not operational, will not in any way detract from the validity and interpretation of these terms.

Detailed description of goods and services

We are an online ticketing service for events of all types. KTMP Events allows Site users and visitors (including those users’ and visitors’ agents) (“you” or “your”) to create an online profile for their event, manage all incoming payments and issue detailed tickets with barcodes for added security. KTMP Events provides this service in a manner which is quick to set up, simple to use and highly secure.

Booking Process

We act as a service provider and agent to the providers, promoters and organizers of events (“Organizers”). We sell tickets to you and collect payment from you on behalf of such Organizers. Each ticket that you purchase from us is subject to these terms of use as well as the Organizer’s booking terms and rules applicable to the particular event. The Organizer’s terms and rules may be referred to or set out on the relevant ticket. Your rights under the ticket issued to you are enforceable against the Organizer only and are regulated by such Organizer’s terms. It is your responsibility to familiarize yourself with the relevant Organizer’s terms and rules before submitting a booking request.

To book tickets through KTMP Events, please complete the automated booking process and submit your payment information to us in the prescribed manner. Our booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your booking request.

The supply of tickets offered depends upon the availability of tickets for a relevant event. We may limit your booking to a specified number of persons to prevent unfair booking process.

The information submitted with your booking request will be processed as you have provided it to us. If you realise that an error has been made or that you need to change the information provided in the booking request, you should contact us immediately.

If no KTMP Events user account exists under the email address you provide when making your booking, a user account will be created automatically under that email address. An email will be sent to the email address explaining how to set a password for the account. This is done for your convenience and allows you to be able to retrieve your tickets at any point by logging into KTMP Events. This account will not be linked to any promotional mailing lists and will not be sent any unsolicited mail. If at any point you would like the account to be removed, please contact KTMP Events.

User Name and Passwords

You will be required to choose a user name and password when registering on the Site or to enable you to use the KTMP Events Services. You will be required to enter your user name and password every time you want to make a booking or view an event.

You may not reveal your account password(s) to anyone else, nor may you use anyone else’s password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords. You accept that you will be personally liable for all transactions concluded on your account.

Event Description

Details of all events (including the details of the relevant Organizer, venues and arrangements) for which tickets are offered will be as described on our Site. Descriptions of events are provided to us by the relevant Organizers. We do not endorse any of the events and we do not determine or control ticket prices or availability in respect of the events and can therefore not accept responsibility for any inaccuracy, unavailability, cancellations or changes in pricing that may occur. Please contact the relevant Organizer if you are dissatisfied with an event, for any reason whatsoever.

Payment

You will be required to provide your payment account details (i.e. credit card details) when submitting your booking request. Payment may be made via Payfast Services, Visa, MasterCard and/or an EFT.

By submitting a booking request you grant us permission to debit your designated account with the relevant amounts due to the tickets purchased. Please note that KTMP Events will not be obliged to issue any tickets to you prior to receiving full payment of the full agreed amount payable in respect of the tickets purchased. Should we not receive payment, for any reason whatsoever, your booking may be cancelled and your tickets may be resold to another buyer without further notice. You herewith warrant that you are duly authorised to make payments from the account provided by you. You also authorise us to pay all amounts to be refunded to you into such account.

If a booking is made with the EFT / Bank Transfer option, KTMP Events cannot issue tickets until an official bank issued Payment Confirmation is received. The bank confirmation needs to clearly indicate the KTMP Events bank account details, as well as the correct amount for the booking, and the correct reference number. Note that payment into the KTMP Events bank account does not fulfill a booking. We require a payment confirmation before a booking can be fulfilled.

Credit card acquiring and security

Credit card transactions for events in South Africa will be acquired for KTMP Events via Payfast Payments, which is the approved payment gateway for Nedbank South Africa. Payfast Payments uses the strictest form of encryption, namely 256-bit AES and no credit card details are stored on KTMP Events’s servers. Users may go to http://peachpayments.com/ to view their security certificate and security policy.

Payments for international events are processed using Stripe. Stripe has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available. All card numbers are encrypted with AES-256. Users may go to https://stripe.com/docs/security for more details on their security measures.

KTMP Events does not store any credit card details on its servers and all personal details are stored separately from card details. All card details which are provided by users are stored on Payfast Payments / Stripe secure site as per credit card acquiring and security specifications.

Merchant Outlet country and transaction currency

KTMP Events transacts in a number of currencies depending on the location of the event and other factors.KTMP Events is an Agent, when the event organiser is VAT registered all tickets sold to customers will include VAT. When the event organiser is not VAT registered VAT does not apply to ticket prices.

Ticket Delivery

KTMP Events will deliver the tickets via electronic mail only and once payment has been received in full.

Payment to Organizers

KTMP Events will endeavour to make payment to the relevant Organizer of all payment received in respect of tickets sold for such relevant Organizer’s event, within 3 (three) business’ days after such an event date occurred and for which funds have been received. KTMP Events may withhold final payment to the Organizer in the case where the Organizer has hired equipment from KTMP Events and has not yet returned it.

Payment Conditions / Commissions

KTMP Events charges a fixed rate to ticket buyers or Organizers of no more than R5 per ticket (capped at R10) per transaction and deducts 5% (five percent) ex. VAT commission (exclusive of VAT) from total ticket sales when paying out an Organizer.KTMP Events will charge an additional 14% (fourteen percent) Value Added Tax on the commission deducted when paying out an Organiser. Whilst KTMP Events will make every effort to display the costs of this service to users we cannot be held liable should a customer fail to understand the costs before running an event through KTMP Events . KTMP Events reserves the right to change the fixed rate and/or maximum commission limits from time to time.

In the case where the organiser has collected the funds themselves the Organisers are liable to pay any fees to KTMP Events once the event has been completed.

Lost, Stolen and Destroyed Tickets

Only a person with an electronic ticket containing the ticket holder’s name, unique reference numbers, barcodes and/or access codes will be permitted access to an event. The risk for loss and damage to tickets shall pass to you upon delivery of your ticket. Tickets that have been lost, stolen or destroyed, for any reason whatsoever, will not be replaced. KTMP Events cannot be held liable where you accidentally send a ticket to a third party who uses it to gain access to an event and invalidates the ticket.

Cancellation of Events and Refunds

You may cancel any advance booking submitted to us for tickets that has not yet been issued or delivered to you, at any time, prior to the date of the event to which such booking pertains by sending us a cancellation notice. On receipt of your booking cancellation notice KTMP Events will refund you for the face value of the relevant tickets, provided that reasonable cancellation charges as provided for by the relevant Organizer may be charged and deducted from such refund. This does not apply to the service fee, which is always non-refundable. Unless otherwise stipulated by such Organizer and depending on the prevailing circumstances the following cancellation charges apply:

Cancellation on at least one working day’s notice prior to the start of an event a 10% (ten percent) cancellation fee will apply;
Cancellation on less than one working day’s notice prior to the start of an event a 100% (one hundred percent) cancellation fee will apply;
Purchase service fees are non-refundable;
All bank charges will be past on to the refundee and KTMP Events will not be held liable for these fees;

Notwithstanding the aforesaid, where suitable documentary proof can be provided by the person in whose name a ticket was booked and stating that such person will not be able to attend the event because of such person’s death and/or hospitalisation, no cancellation fee will apply in respect of the cancellation of such person’s ticket. In such a case the Organiser will be obligated to approve a refund, even if they have selected ‘No’ for the ‘Allow refunds’ option.

Organizers may postpone or cancel events. Where an Organizer cancels or postpones an event such an Organizer will offer you a refund or exchange of tickets. In the case of an event being cancelled or postponed, relevant ticket holders will be refunded the face value of their tickets unless otherwise stipulated by the Organizer. Please note that service fees are non-refundable. In this case, the following refund fee may apply to the Organizer:

On cancellation prior to the start of an event a 10% (ten percent) cancellation fee will apply for all funds collected;
On postponement prior to the start of an event a 10% (ten percent) cancellation fee will apply for funds collected by those who request a refund;
If the organiser opted to absorb service fees then all service fees will be charged to the organiser.

Should an event be cancelled or postponed by an Organizer, ticket buyers will be eligible for a refund for the amount of the face value of the tickets bought. Note that in this case, the KTMP Events service fee is not refunded. Where a refund is issued to a user due to the cancellation of an event, such refund will be issued to the ticket buyer using the same method of payment that was used to purchase the tickets. Where a credit card was used to make a refunded purchase, then the actual credit card used in the transaction will receive the credit for the refund.

If an Organiser elects to use a third party payment system, such as PayFast, PayU or Stripe the organiser will be liable for issuing the refund. KTMP Events will not be held responsible for issuing refunds if the ticket buyer used any of these payment methods.

KTMP Events does not issue refunds after an event has ended or while it is in progress.

Vendors

The vendor shall pay all money collected by the vendor in respect of KTMP Events ticket sales less an agreed upon commission to KTMP Events on a payment schedule that is agreed upon. In the absence of such agreed upon payment schedule, it shall default to fortnightly and a final payment as soon as the ticket sales are closed. Failure to make payment will be considered a breach of this agreement and may incur immediate cancellation of the vending agreement as well as legal action.

KTMP Events reserves the right to close ticket sales for a vendor at any time, and to suspend any further ticket sales at a particular vendor at any time. If there are any outstanding monies in respect of (1) above, those monies will become immediately payable by the vendor to KTMP Events.

In the case of any fraudulent issuing of tickets through the use of the vending system, the vendor will be held liable to remunerate KTMP Events for the issue of the fraudulent tickets.

KTMP Events reserves the right to delay payment to the event organiser with respect to funds collected at vendors until such time as the funds have been paid from the vendor to KTMP Events.

KTMP Events is not liable for issuing refunds for tickets purchased at a vendor.

Disclaimer of Warranties and Liabilities

The KTMP Events Services are provided to you subject to your statutory rights but are otherwise provided without any warranty and not subject to any condition, express or implied, except as specifically stated in the Site. We shall make reasonable efforts to ensure that requests for electronic debits and credits involving cards and bank accounts are processed in a timely manner.

We will endeavour to make payments to the Organiser as soon as possible, but we make no representations or warranties regarding the amount of time needed to complete processing because our services are largely dependent upon many factors beyond our control, such as, without being limited to, delays in the banking system or in card networks.

Whilst we will do our best to maintain the operation of our services, we do not guarantee continuous, uninterrupted or secure access to the service and operation of the Site and mobile systems may be affected by numerous factors beyond our control. We shall not be liable for any delay or failure in the provision of our services or the working of our Site where such failure is due to factors beyond our reasonable control, save that we will use reasonable endeavours to fulfil our obligations hereunder.

Although we at all times attempt to ensure that the details of events offered on our Site are displayed and described accurately, we do not warrant same and disclaim to the maximum extent permitted by law any liability arising from any omissions or inaccuracies pertaining to such display and description.

We will not be held liable for any indirect, special or consequential losses of any kind whatsoever arising in connection with any booking (whether in contract, statute or delict) save to the extent that such liability is excluded by law.

You acknowledge that your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Site as soon as we reasonably can.

Hiring of Equipment

Subject to availability Event Organisers may hire equipment from KTMP Events. These charges will be billed to your event, and deducted off your payout. If you cannot collect the equipment from us, and/or deliver this back to us, we will use a courier for this and invoice you for the costs involved. In the event of loss or damage of any of our equipment, the Event Organiser will be liable for the costs to replace the item/s damaged/ lost.

Affiliate programs

KTMP Events provides a platform for event organisers to create their own affiliate programs. As an event organiser you agree that the commission you stipulate is what KTMP Events will pay each affiliate for each ticket sold by the affiliate for your event. Commission is set by the event organiser and KTMP Events has no say in the decision of what commission will be given out. The commission can be between zero percent and 100 percent of the value of a ticket, or can be a fixed Rand amount greater than zero and less than the price of the cheapest ticket for the event.

KTMP Events manages all payments to affiliates, and we endeavour to pay out each affiliate the total amount owed to them at the end of each month. In the event of unforeseen circumstances which hinder the payment,KTMP Events accepts no responsibility for late payment to affiliates, and will endeavour to make payment as soon as possible. KTMP Events will deduct the total amount paid to affiliates from the final balance owed to the event organiser.

KTMP Events tracks all sales arising from affiliates using a cookie stored on the purchasers browser. This cookie will last 30 days from the time it is set, meaning that the purchaser has a maximum of 30 days to make a purchase. Any ticket sale made by the purchaser on KTMP Events after this time is not considered to be due to the affiliate, and the affiliate will accordingly not receive commission for that ticket sale.

All affiliate programs are unique, meaning if you want to sell tickets for events which have affiliate programs you will have to join that program. Joining one program does not automatically join you to other programs. Any purchase made through an affiliate link will only be tracked if that link is associated with the event for which the purchaser is purchasing a ticket.

KTMP Events can at any time remove you from an affiliate program and you will not receive commission. KTMP Events takes privacy very seriously and will remove you from our programs if we suspect any of the following, not limited to:

Cheating
Spamming of any sort
Unfair sales practice
Trying to trick our system

Should you have a complaint about any of our affiliates please contact us immediately.

Customer privacy policy

KTMP Events undertakes to take all due care with any information (such as your credit card details) which you may provide to us when accessing our website. However we do not warrant and cannot guarantee the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our privacy policy.

Promotional tools

KTMP Events offers a wide range of promotional tools for event organisers and affiliates. The use of these promotional tools is used solely by event organisers and not by KTMP Events . The use of these tools must abide by KTMP Events privacy policy, and anyone found using these tools for malicious purposes will have their account suspended immediately. If you suspect someone has used these tools in an unfair manner please contact us immediately.

Storing of Customer details

For verification purposes we reserve the right to request proof of identification in an off-line format. Your IP address and access times are tracked against your user id for the purpose of preventing fraud and creating an audit trail when sending a payment or logging onto our secure server. A cookie is a small text file that is stored on a user’s computer for record- keeping purposes. We use cookies on the Site and link the information we store in cookies to any personal identification information you submit while on the Site.

Organisers: KTMP Events collects personal data from you when you voluntarily provide such information on the Site, such as when you register for access to the KTMP Events Services as an Organiser, contact us with inquiries, respond to one of our surveys or use certain of the KTMP Events Services. The personal data we collect includes without limitation your name, email address and other personally identifiable information. In addition, if you use our payment processing services, we will collect financial information from you (e.g. your bank account information) as necessary to facilitate payments.

Ticket Buyers and other non-Organizers: We collect personal data from you when you voluntarily provide such information on the Site (including event registration pages within the Site), such as when you register for access to the KTMP Events Services (whether as an Organizer or otherwise), register for an event as a ticket buyer, contact us with inquiries, respond to one of our surveys or use certain of the KTMP Events Services. The personal data we collect includes without limitation your name, email address and other personally identifiable information.

Dispute Resolution and Chargebacks

Whether you are a ticket buyer or Organizer, you agree to work actively with the other parties to your transactions to resolve any disputes. In the event that a transaction is suspected of fraud we reserve the right to request any proof deemed necessary to determine the validity of the transaction. This proof includes, but is not limited to proof of identification, proof of credit card and proof of address. We do not act as the agent of either party to any dispute between ticket buyers and Organizers and are not responsible for resolving such disputes. If any charge-back claim occurs (as the result of a dispute or for any reason whatsoever), you agree to provide the Organizer with all the necessary documentation for the resolution of the claim. If you are an Organizer, you (a) acknowledge that we do not control the outcome of the charge back decision reached by the ticket buyer’s issuing bank in a card transaction; (b) you agree to accept the decision of the issuing bank as final and legally binding; and (c) recognise that you may not receive payment if the issuing bank rules against you in relation to the payment received. To report a potential fraudulent transaction, error or dispute, please contact us.

Indemnity by Organizer

The Organizer hereby indemnifies KTMP Events and holds it harmless for any claims instituted against KTMP Events by any user in terms of where the loss suffered by such user was suffered as a result of negligence on the part of the Organizer and where there was no negligence on the part of KTMP Events or alternatively where the loss arose partly due to negligence on the part of KTMP Events and partly due to negligence on the part of the Organizer, in which event the Organizer will indemnify KTMP Events pro rata for such claim instituted by such claimant having regard to the principles of the Law of Delict in South Africa.

The Organizer indemnifies KTMP Events against any loss or consequential loss suffered or incurred by KTMP Events arising out of or in connection with a charge- back or refund claim made against KTMP Events or the KTMP Events account, for any reason whatsoever, and where the payment for tickets sold has already been made to the relevant Organizer by KTMP Events. The Organizer herewith undertakes that it will reimburse KTMP Events for any financial loss suffered as a result of payment made to the Organizer for tickets sold. KTMP Events will be entitled to set-off the amount of any such liability from any payment due to the relevant Organizer in future.

Restricted Activities

The following uses are prohibited by the KTMP Events Terms of service. Any account found to be created for the following uses will be closed:

Using the KTMP Events service while impersonating any person or entity, falsely claiming an affiliation with any person or entity.
Using the KTMP Events service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature.
Using the KTMP Events Services for any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy.
Using the KTMP Events service to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Users, Registered Recipients, or third parties without their consent.
Using the KTMP Events Platform if you are under the age of eighteen (18).
Using the KTMP Events services to collect alimony payments, child support payments or any other payments relating to a court settlement.
Using the KTMP Events services in order to act as a private banking institution.
Using the KTMP Events Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the KTMP Events Service in an automated manner.
Using KTMP Events to intentionally interfere with User’s or Registered Recipient’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Using KTMP Events in any way that assists you in violating any law, statute or ordinance.
Using KTMP Events to send or receive what KTMP Events reasonably believes to be potentially fraudulent funds.
Using Your Account or the KTMP Events Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to KTMP Events, a User, a third party or you.
Using Your Account or the KTMP Events Services in a manner that KTMP Events or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
Using KTMP Events to provide yourself with a cash advance from Your credit card (or help others to do so).
Using KTMP Events as a means of transfer between bank accounts held in the same name.
Using the KTMP Events services to collect or contribute money for something that may be deemed harmful, false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive.
Using KTMP Events to control an Account that is linked to another Account that has engaged in any of the foregoing activities. KTMP Events may use evidence other than your Account information to determine whether you control an Account in someone else’s name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.
Using KTMP Events to collect payments that support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs.
Using KTMP Events to sell:
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- items that encourage, promote, facilitate or instruct others to engage in illegal activity;
- items that promote, support or glorify acts of violence or harm towards self or others;
- drugs, alcohol or drug paraphernalia;
- items that are obscene or pornographic;
- real estate or motor vehicles;
- live animals.

You agree that KTMP Events may seize or freeze funds that are reasonably deemed by KTMP Events to have resulted from fraud or any prohibited behaviour outlined in this section.

Account Passwords and Registration

You agree that the information you provide to KTMP Events upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g. in the event of a loss, theft or unauthorized disclosure or use of your email address, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify KTMP Events .

Domicilium and Notices

The Site is governed by the laws of the Republic of South Africa and KTMP Events chooses as its dwelling (“domicilium”), for all purposes, whether in respect of court process, notice, or other documents or communication of whatsoever nature, KTMP Events office situated at 200 Stella Road, Hillary, Durban.

General

The terms of the Site and all relevant terms implied herein by applicable law constitute the entire agreement between you and us in respect of the use of the Site and the KTMP Events Services offered.