About these Terms
In these terms, ‘we’, ‘us’ and ‘our’, refers to National Arts Festival Grahamstown NPC, registration number 2002/016052/08, of 1820 Settlers Monument, Fort Selwyn Drive, Grahamstown, 6139, (as well as its employees, agents, officers and directors) while ‘you’ refers to the user of www.capetownfringe.co.za (“our website”), or any application for mobile devices through which tickets we sell are made available for purchase (“mobile applications”), as well as anyone who purchases tickets from or through us.
These terms and conditions apply to your use of our website and mobile applications and to all sales, by the National Arts Festival Grahamstown NPC, of tickets acquired from all designated festival ticket sales outlets, box offices, other authorised sales outlets, the festival’s online ticketing system on our website and through our mobile applications.
By accessing any page of our website, or any of our mobile applications, or by purchasing a ticket from us you agree to be bound by all of the provisions of these terms.
We may from time to time change these terms. Your continued use of our website or mobile application will mean that you accept such changes with effect from the date that we have made them.
This website and our mobile applications
We will try to ensure that the information on this website and that made available through our mobile applications is up to date and accurate, but we will not be responsible for any errors contained in any such information and you will have no claim against us as a result of any such errors. If you think our website contains inaccurate information, please tell us so by emailing [email protected]
We do not necessarily share the views which may be expressed on our website and mobile applications and you will have no claim against us arising from the expression of any such views.
We try to ensure that our website and mobile applications are safe, but we do not accept responsibility for any viruses, malware, adware or the like which are transmitted through our website or mobile applications.
We are not responsible if our website or mobile applications are not available at any particular time for any reason.
You agree that you will not post or publish anything to this website if you are not permitted to do so under South African law.
We do not monitor or review the contents of third party’s websites to which our website may provide links, and we are not responsible for the content or privacy policies and practices of such sites.
All tickets acquired from us (including those acquired through our website or mobile applications) may not be exchanged, resold and will not, save as set out in these terms, be refunded. For the purposes of website and mobile application purchases, this will apply from the moment you click to confirm purchase of a ticket from us. You will not be entitled to a replacement or refund if you lose a ticket acquired from us.
Tickets can be collected from one of the Festival Box Offices, as detailed in our official programme. Pre-purchased tickets may not be collected from the performance venue. Please note that the onus is on you to ensure that the tickets are collected timeously.
You attend all performances booked through us at your own risk and we are not responsible for any loss you incur or injury you suffer as a result of or in connection with acquiring this ticket or attending the performance to which it relates.
Right of admission to all performances and the venues at which they take place is reserved.
The organisers reserve the right to substitute performers, musicians or other artists should those advertised not be able to take part for any reason.
If you arrive at the venue after the time at which the performance is scheduled to start, you will not have the right to enter the venue. If you are refused admission in these circumstances, you will not be entitled to claim any refund.
We will try to accommodate customers with disabilities. In the light of the temporary nature of some venues, facilities may vary. If you have any queries in this regard, please email [email protected]
Refunds for cancellations or rescheduling of performances
If the performance to which a ticket relates is, after you have acquired it, rescheduled to a date, time or venue other than that stipulated on the ticket, (or advertised on the website or mobile application when you acquired it) you may claim a refund of the ticket price from us at any time during normal box office hours before the scheduled performance. If a performance is cancelled, you may claim a refund of the ticket price up to 21 days after the originally scheduled performance. Refunds may exclude any costs which we have incurred by selling the ticket to you.
The process for claiming refunds is as follows:
In respect of cancellations, a refund may be claimed by presenting the ticket relating to the cancelled performance at the box office or other authorised sales outlet within 21 days of the date for which the performance was originally scheduled. In respect of rescheduled performances, a refund may be claimed by presenting the ticket at any time during normal box office hours by presenting the ticket at the box office or other authorised outlet before the rescheduled performance.
Generally, concession prices are, in our discretion, applicable to students, senior citizens and children under the age of 18. Appropriate documentary proof of qualification must be presented at the box office when booking a ticket or at the venue (where tickets have been acquired through our website or mobile applications).
Consumer Protection Act provisions (where we act as intermediary for a third party)
Where we act as an agent selling tickets on behalf of third parties, then your rights are only enforceable against those third parties, and not against us.
In relation to our responsibilities as an intermediary in terms of the Consumer Protection Act, 2008, we make the following information available:
- Full names: National Arts Festival Grahamstown NPC
- Registration number: 2002/016052/08
- Physical business address: The Monument, Fort Selwyn Drive, Grahamstown, 6139
- Postal address: PO Box 304, Grahamstown, 6140
- Phone number: +27 (0)46 603 1103
- Cellular telephone number: +27 72 4441599
- Fax number: +27 (0)46 622 3082
- email address: [email protected]
- Any registration number assigned or issued by any regulatory body: n/a
Contact details of our public officers:
- Tony Lankester – CEO [email protected]
- Ashraf Johaardien – Executive Producer [email protected]
- Kate Axe Davies – Festival Manager [email protected]
- Nicci Spalding – Technical Director [email protected]
- Zikhona Nweba – Fringe Manager [email protected]
- Michelle Lowry – Technical Manager [email protected]
- Operations Manager – [email protected]
- Danielle Wessels – Receptionist and Social Secretary – [email protected]
- The service to be rendered by us is the sale of tickets for services on behalf of third parties through our website.
- The fee payable to us for services provided by us including the basis for calculating the fee are available upon request to [email protected].
- Any other costs we are entitled to recover from you and under what circumstances: this is as set out in these terms and conditions.
- Frequency with which we will in writing account to the consumer in respect of his, her or its mandate: n/a
- We will specify how, when and how often any amount owing to you will be paid to you, as well as the details of any commission, consideration fees, charges or brokerages payable to the intermediary by any other person, upon your request to [email protected].
- We have never been found guilty of any offence involving dishonesty, placed under sequestration, liquidation or judicial management.
We will not be liable to you if we cannot perform our obligations because of an occurrence which is beyond our control such as an act of God, strike, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, power failure or any other similar factor beyond our reasonable control.
General exclusion of liability
We will not be liable to you whether under the law relating to contract, delict (ie our wrongful and negligent conduct which causes you harm) or otherwise in connection with your acquisition of tickets from us, your use of our website and our mobile applications, any websites linked to from our website and anything you download from our website or a website linked to ours.
The law of the Republic of South Africa governs the interpretation and implementation of these terms. The High Court of South Africa has exclusive jurisdiction in all disputes arising between you and us.
Statement on Protection of personal information and consent statement
Users of our website who register in order to purchase on-line tickets for productions showing at the Grahamstown National Arts Festival are encouraged to read this statement carefully as it regulates the manner in which any personal information that is provided by you will be collected, processed, stored and transferred.
The purpose of this statement is to ensure that we and the administrators of our website comply with our obligations as responsible parties under the Protection of Personal Information Act, 2013.
We are committed to protecting your privacy whenever your personal information is obtained as part of the registration process or online purchase of tickets.
If you register on the website and/or purchase on-line tickets, you will be required to give your consent to the collection, processing, storage and transfer of the personal information sought and which you provide. By registering and/or making use of the services available on the website, you are deemed to have granted such consent and to have familiarised yourself with this statement.
All personal information will be collected, processed, stored and transferred in accordance with this statement.
What is Personal Information?
Personal information of a user is defined broadly to include (but is not limited to) any information relating to a living natural person or juristic person including information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, culture, language and birth of a user. It may also include any identifying number such as the physical address, postal address, email address, telephone number, location information, or any online identifier pertaining to a user.
Collection, Processing and Storage of Specific Personal Information
When registering on the website and/or purchasing an on-line ticket, certain personal information will be obtained from you, the user.
We and the administrators of our website are committed to ensuring that only personal information that is relevant to the services being provided shall be sought from you. This may include (but is not necessarily limited to) your full name, identity number, age, physical and postal addresses, and credit card or bank account details.
We may use your personal information for the purposes of executing transactions concluded with you.
In addition, we may wish to use personal information you provide to send special offers, advertising or marketing material by email, through SMS, through promotional offers or by telephone. If you do not want your personal information to be used for such purposes, or do not want to receive the information referred to above, you will be directed to an option on the website. If you do not opt-out, then you consent to the use of your personal information for the purposes set out in this statement.
Transfer and Sharing of Personal Information
We and the administrators of the website may also be required to make your personal information available to our business partners in order to enable them to effect transactions with you on behalf of us. If you register on the website and/or purchase on-line tickets, then you consent specifically to the transfer of personal information to such third parties. Neither we nor the administrators of the website are responsible for the privacy practices of such third parties.
Apart from the above, we will not sell or disclose personal information to any other third party without your consent, except that you do give your express consent for us to disclose personal information to the following third parties:
- An entity which provides services to us including, for example, website hosting, administration, maintenance and development. These third parties require access to your personal information to perform their functions and not for any other purpose; and/or
- Any governmental agencies or other regulatory bodies where we believe that such action is necessary to comply with any laws or legal processes or to prevent the abuse of such laws or legal processes.
Protection of Personal Information
We and the administrators of our website may protect personal information by establishing appropriate physical, electronic and managerial procedures to safeguard the personal information collected from you. This helps prevent unauthorised access, maintains data accuracy and ensures that the personal information is used correctly. In order to carry out these security procedures, proof of identity may be requested from you before personal information is disclosed.
A ‘cookie’ is a small amount of data that is generated by a website whenever a user accesses such website. The information is then retained on the user’s web browser. The purpose of a cookie is to remember information about the user. Should the user then revisit the website, its computer server will recognise the cookies and provide information about the user’s last visit to the website.
It is important to note that most browsers accept cookies automatically but a user may adjust the browser settings to exclude the automatic acceptance of cookies. Should a user disable the automatic acceptance of cookies on his/her/its browser, certain functionalities of the website may be disabled.
Every time a user connects to the website, the website will store web server logs which show the user’s IP address (the unique number which the user’s machine uses when it is connected to the Internet) as well as other information pertaining to the user’s use of the browser. The collection and use of this data is strictly for statistical purposes and the user consents thereto.
Updating, Correction or Deletion of Personal Information
The website may enable you create a personal profile page when you register on the website.
You are entitled to access any personal information retained on their personal profile page and to require the correction, updating or deletion of such information.
If you wish to access, correct, update or delete any personal information retained on your profile page, you may correspond with us at the following email address: [email protected] or by writing to PO Box 304, Grahamstown, 6140
Amendments to Statement
The provisions of this statement may be amended from time to time at our discretion. You are encouraged to familiarise yourself with any changes that may be made.
Queries and Concerns
If you have any queries or concerns about this statement you may correspond with us at the following email address: [email protected] or by writing to Cape Town Fringe at the National Festival of the Arts, PO Box 304, Grahamstown, 6140
Reviewed: 22 August 2017