THIS DOCUMENT GOVERNS YOUR RELATIONSHIP WITH CLOUD HUT trading as MIX TIX (“Mix Tix”) The following are the contractual provisions which govern your rights and obligations with regard to your purchase and use of event tickets ordered through Mix Tix. By clicking the “I ACCEPT THESE TERMS AND CONDITIONS” button, you signify your agreement to be bound by all of the provisions contained in this document (“User Agreement” or “Agreement”).
The following are the contractual provisions which govern your rights and obligations with regard to your purchase and use of event tickets ordered through Mix Tix. By clicking the “I ACCEPT THESE TERMS AND CONDITIONS” button, you signify your agreement to be bound by all of the provisions contained in this document (“User Agreement” or “Agreement”).
Mix Tix IS ONLY AN AGENT FOR THE EVENT PROMOTER Mix Tix acts as an agent for the person or venue that is promoting or hosting the event for which you purchase tickets (“Event Provider” or “Promoter”). When you purchase a ticket for an event Mix Tix will accept payment from you on behalf of the Event Provider. Any tickets you purchase will be sent to you from the United States, regardless of where you are when you place your order over the Internet. You agree that all ticket sales will be deemed to take place in the State of California regardless of where you may be when you transmit your order through the World Wide Web.
TICKET PRICES AND OTHER CHARGES Ticket Prices are set by the Promoter, not by Mix Tix. Mix Tix has no control over ticket prices, the number of seats available or the like. The Promoter tells Mix Tix what seats it has available and the price of each. Each time a ticket is ordered through Mix Tix, the pool of available seats is immediately reduced by the seats sold and payment is held for distribution to the Promoter.
Prices of each ticket purchased through Mix Tix will include the Promoter’s per ticket charge for each seat you purchase plus a per ticket convenience charge for Mix Tix plus a non-refundable per order processing fee for Mix Tix. Additionally, mailing, courier or other shipping or delivery charges will also be added to the cost of each ticket order mailed or sent by a delivery service. All ticket prices for events that occur in South Africa are stated in ZAR, Rands.
Specific ticket prices, convenience charges, order processing fees, and shipping/delivery fees will be as stated on the Mix Tix web site (the “Site”) and will be as shown in the “check out” screens displayed when you complete your ticket order.
AVAILABILITY OF TICKETS mixtix.co.za sells tickets on behalf of promoters, teams, bands and venues, which means mixtix.co.za does not set the ticket prices or determine seating locations. Promoters generally sell tickets through several distribution points, including online, phone centers, retail locations and box offices. Most distribution points generally access the same ticketing system database and inventory. Tickets for popular events often sell out very quickly. Mix Tix does not control ticket inventory or availability.
LIMITATION ON NUMBER OF TICKETS When purchasing tickets through Mix Tix you are limited to no more than a specified maximum number of tickets for each event as shown on the Site. The purpose of this ticket limit is to prevent someone from buying a large number of seats to a popular event and then reselling them to the public at excessive prices or the establishment of other unfair ticket practices.
PAYMENT METHODS Mix Tix accepts several credit cards as methods of payment. For South African venue events, Mix Tix accepts American Express, Visa and MasterCard.
ORDER CONFIRMATION After completing your on-line order, Mix Tix sends you an email with your ticket purchase confirmation number and other information relevant to your purchase and the event. If you do not receive such an email with a confirmation number within one day of placing your order or if you experience an error message or service interruption after submitting payment information that probably means your order was not properly completed. In that case it is your responsibility to confirm with the Mix Tix Customer Service Department that your order has in fact been properly placed. You are the only one who will know that you did not get a confirmation email so only you will be aware of any problem with your order. Mix Tix will not be responsible for losses (monetary or otherwise) if you assume that an order was placed when it was not or if you assume that an order was not placed when it was. So, if you fail to receive a prompt and accurate confirmation email, you must contact our customer service department immediately to resolve the problem. Customer service contactable email address is email@example.com
DELIVERY OF TICKETS Different combinations of delivery methods may be offered, depending on several factors which include but are not limited to the location of the venue for the event, your location, the amount of time between the date you place your order and the date of the event. Please carefully review the list of delivery methods offered during the purchase process and pick the one which you think will most likely meet your needs. For example, if you choose premium mail delivery during the Christmas season for an event that will occur three days after the date you place your order that may be a poor choice as your tickets may not arrive in time.
There are NO REFUNDS in the event of any late delivery of any tickets. Generally, one or more of the following delivery options, at varying prices, are available:
Standard Mail – for purchasers with a delivery address in or the province. Print Your Own Ticket – for events and Promoters who authorize this service.
Will Call – for events that occur in the South Africa.
Mix Tix ERRORS IN PRICING If the amount Mix Tix posts on its Site for a ticket is incorrect for any reason Mix Tix will have the right to cancel that ticket (or the order for that ticket) and refund to you the full amount that you paid including all fees and charges. This will apply regardless of whether the error resulted from human error or a transactional malfunction on the Site or other Mix Tix operated system.
ORDERING ERRORS Because Mix Tix authority is strictly limited by the rules of the Promoter, Mix Tix cannot offer refunds for customer ordering errors. Once an order is placed those tickets are removed from inventory and are not available for purchase by others. Furthermore, Mix Tix has no ability to audit the causes for customer ordering errors. Therefore, if you “meant” to order one (1) ticket but ordered eleven (11) tickets, no refunds will be made. Before an order is complete the number of tickets and charges are shown on your computer screen and you are asked to review the order and accept it. Most ordering errors should be caught by users during this review and acceptance process. Once you confirm and accept an order, there will be no refunds.
LOST OR DESTROYED TICKETS Mix Tix is only an agent for the Promoter and Mix Tix is required to follow the Promoter’s rules and policies. These policies prohibit Mix Tix from making any refunds or replacements whosoever for any lost, stolen, undelivered, mis-delivered, late delivered or destroyed tickets. Once a ticket has been deposited in the mail or with a courier service or sent to you electronically, there will be NO REFUNDS even if the ticket is lost in transit, stolen, arrives late, or is destroyed.
CHANGES IN EVENT PROGRAM Events often have more than one performer or type of entertainment. Usually in these circumstances there will be a main or headliner performer and others, generally described as “opening acts”. If the headliner’s performance is cancelled, then refunds will be governed by the Promoter’s and Mix Tix cancellation policies. Opening acts are subject to change or cancellation at any time without notice. If one or more opening acts change or fail to appear, there will be no exchanges, refunds or discounts. No refund will be owed if an opening act is changed or canceled.
CANCELED EVENTS Occasionally, events are canceled or postponed by the Promoter. Should this occur, we will attempt to contact you to inform you of whatever refund or exchange procedures may apply to that event. Generally speaking, refund and exchange policies are not up to Mix Tix but are controlled by the Promoter.
While Mix Tix tries to obtain the Promoter’s advance agreement to authorize a full return of all ticket prices, convenience charges, order processing fees and delivery fees in the event that the event is cancelled, Mix Tix cannot guarantee any refunds or exchanges absent the agreement of the Promoter for the event in question. If you purchase a ticket through Mix Tix and a refund is authorized, then Mix Tix will generally implement the refund by issuing a credit to the credit card that was used to pay for the tickets in question. Generally you will only be able to receive the refund by physically returning the actual tickets to Mix Tix. In order to receive a refund or an exchange that may be offered, you will have to comply with the Promoter’s rules and deadlines. When Mix Tix issues you a refund for a ticket, it will issue a refund of the amount actually paid for the ticket, minus the processing fee, and the convenience charge. Mix Tix will not refund any shipping, mailing or delivery charges actually paid. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
Mix Tix will NOT be liable for and will not pay or reimburse any travel, lodging, meals, or any other expenses that you or anyone else may have incurred in connection with a cancelled or postponed event. If an event is canceled, please contact us for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Contact us for exact instructions. Please make sure to include/provide your account number or confirmation number so we can expedite your refund if one has been authorized by the Promoter.
LIMITATION ON MIX TIX LIABILITY
A. EVENT RELATED INJURIES OR LOSSES At sporting events balls, pucks or other materials may enter the spectator area and cause an injury. There is always the possibility of fights, fires or other injuring causing occurrences. Mix Tix has no control over the event. YOU HEREBY AGREE THAT MIX TIX WILL HAVE NO LIABILITY TO YOU OR ANY OTHER TICKET HOLDER WHOSE TICKETS WERE PURCHASED THROUGH MIX TIX FOR ANY LOSSES, DAMAGES, DEATH OR INJURY SUFFERED IN CONNECTION WITH THE EVENT.
B. DAMAGES LIMITATION ON MIX TIX LIABILITY IN NO EVENT FOR ANY REASON OR CAUSE UNDER ANY LEGAL THEORY WILL MIX TIX BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF MIX TIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
C. NO WARRANTIES MIX TIX DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
MIX TIX CANNOT AND DOES NOT INSURE THAT MATERIAL YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
MIX TIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING DISCLAIMING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MIX TIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS SITES OR THE PURCHASE OF ANY TICKETS TO ANY EVENTS, INCLUDING WITHOUT LIMITATION, NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. MIX TIX MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF ITS SITES OR USE OF THE MIX TIX SERVICE OR THE QUALITIES OR CHARACTERISTICS OF ANY EVENT.
D. NO LIABILITIES FOR ACTS OF THIRD PARTIES. MIX TIX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OTHER TICKET BUYERS, ADVERTISERS, SPONSORS ON THE SITE, OR PROMOTERS IN CONNECTION WITH THE MIX TIX SERVICE, THE EVENT ITSELF, OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE MIX TIX SERVICE.
YOU AGREE THAT MIX TIX WILL NOT BE RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH THE SALE OF TICKETS, THE USE OF THE SITE, ATTENDANCE AT THE EVENT OR CANCELLATION OF THE EVENT OR PERFORMANCE FOR WHICH THE TICKETS ARE PURCHASED.
EVENTS ARE CONTROLLED BY THE EVENT PROMOTER Mix Tix acts only as a ticket selling agent of the event Promoter. All aspects of the event itself are controlled strictly by the Promoter, venue or other third parties. Mix Tix does not set ticket prices, the time or date of the event, the content of the event, the nature of the performance, type or arrangement of seating, availability of medical, security or other facilities, parking, access, transportation or any other aspect. Further, Promotes and venues set their own rules and regulations for attendance at events, including security policies, search policies, alcoholic beverage policies, ejection policies, refund, cancellation and rescheduling policies and the like. By purchasing a ticket through Mix Tix you agree that Mix Tix will have no liability for any such policies or activities on behalf of the Promoters or any third party and that any complaints you may have with regard to the event or its cancellation or rescheduling, its content or any other aspect of the event will be directed solely to the Promoter and/or the venue and NOT to Mix Tix and that Mix Tix will not be liable for any such complaints you may have.
A. PROMOTER’S RULES AND REGULATIONS Promoters and venues often prepare their own rules and regulations concerning the conduct of events. All tickets sold by Mix Tix are sold with the understanding that the ticket may be used by the purchaser only subject to and in accordance with the Promoter’s and/or venue’s rules and regulations. By purchasing a ticket through Mix Tix you acknowledge and agree that your purchase of the ticket and use of the ticket will be subject to those rules and regulations.
B. RECORDING OF EVENTS Typically Promoters have a recording policy which prohibits the recording, transmission or reproduction of any description, account, picture, sound or other aspect of the event. Should you violate the Promoter’s rules prohibiting recording of an event you may be ejected and you may be subject to such other actions as the Promoter or the venue may deem appropriate. Often the events themselves, including portions of the audience are recorded. By purchasing a ticket through Mix Tix you hereby grant permission to the Promoter and/or venue to utilize your image, likeness, actions or statements in any live or recorded audio, video or other photographic display or other transmission, exhibition, publication or reproduction made of or at the event, regardless of whether or not the recording took place before, during or after the performance. Such permission is granted for recording and transmission in any medium and without further authorization by you or compensation to you.
C. EJECTION FROM EVENT BY PROMOTER Typically Promoters have a recording policy which prohibits the recording, transmission or reproduction of any description, account, picture, sound or other aspect of the event. Should you violate the Promoter’s rules prohibiting recording of an event you may be ejected and you may be subject to such other actions as the Promoter or the venue may deem appropriate. Often the events themselves, including portions of the audience are recorded. By purchasing a ticket through Mix Tix you hereby grant permission to the Promoter and/or venue to utilize your image, likeness, actions or statements in any live or recorded audio, video or other photographic display or other transmission, exhibition, publication or reproduction made of or at the event, regardless of whether or not the recording took place before, during or after the performance. Such permission is granted for recording and transmission in any medium and without further authorization by you or compensation to you.
Promoters and venues reserve the right, without any refund to you, to refuse admission to you or eject you if the Promoter or venue management considers your conduct to be obnoxious, vulgar, disorderly, abusive or disturbing or if the Promoter or venue management believe you have failed to comply with the Promoter’s or venue’s rules. Breach of the terms of the Promoter’s or venue’s rules and regulations will terminate your right to attend the event and will subject you to ejection from the event without a refund.
The Promoter considers the ticket to be a revocable license for admission to an event and admission may be refused and the license cancelled for violation of the Promoter’s rules. Further, the Promoter will have the right to cancel your ticket without cause and in such case the Promoter’s only obligation will be to refund to you the ticket’s face amount. You have no right to redeem or cancel a ticket for cash.
D. ALCOHOLIC BEVERAGES AND PROHIBITED ITEMS The Promoter’s rules and regulations typically prohibit alcoholic beverages, illegal drugs, weapons of all types, cameras, recording devices and other items. By purchasing a ticket through Mix Tix you understand and agree that your attendance at the event will be subject to the Promoter’s rules and regulations, including being subject to the Promoter’s policy prohibiting certain items and materials. If you attempt to bring prohibited materials into the event the Promoter may seize them and/or may refuse you admission without a refund.
E. SEARCHES By purchasing a ticket through Mix Tix you automatically become subject to the Promoter’s and venue’s rules and regulations which often include a search policy. By purchasing this ticket through Mix Tix you consent to the Promoter’s rules, including giving your consent to searches and you waive any claims that may arise as a result of any such search. If you attempt to attend the event and refuse to allow yourself to be searched, the Promoter may deny you entry to the event without refund or other compensation. Similarly, if during a search, prohibited materials such as alcohol, weapons, drugs, recording devices, etc., are found, the Promoter or venue may refuse you admittance without refund or may confiscate such prohibited materials.
F. UNLAWFUL ATTEMPT TO RESELL TICKETS Many jurisdictions and venues have “scalping” and other laws which define what is an illegal resale of a ticket. An attempt to illegally resell your ticket is grounds for seizure of the ticket and cancellation by the Promoter and/or venue without compensation. A ticket purchased through Mix Tix may not be used for the purposes of advertising, promotion, contests or sweepstakes without the written authorization of the Promoter.
INDEMNITY By purchasing a ticket through Mix Tix, you agree to indemnify Mix Tix and to hold Mix Tix and its officers, directors, agents, employees, contractors and principals, harmless from any loss, cost, liability, claim or demand, including reasonable attorneys’ fees incurred by Mix Tix, in connection with any third party claim, demand or liability, which claim or loss is based on, related to or arises out of your use of the Site or your purchase of a ticket through the Site, or your attendance at the event for which the ticket was issued except to the extent that the claim or loss was due to the negligent or wrongful conduct of Mix Tix.
JURISDICTION AND VENUE If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in South Africa, then the dispute will be governed by the laws of South Africa without regard to its conflict of law provisions and you hereby consent to personal jurisdiction in the courts in Randburg, South Africa and you agree to bring all actions, exclusively in state and federal courts located in Randburg, South Africa.
If you have a dispute regarding the Site but not regarding an event (and not regarding a ticket for an event), then if you are accessing the Site from South Africa you agree that the dispute will be governed by the laws of South Africa without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in a court located in Randburg, South Africa