PURCHASE POLICY

• 1. INTRODUCTION

1.1 Soundsdafrique Limited (“Soundsdafrique”, “we”, “us”, “our”) is a company registered in England and Wales under company number 13259880

• , with registered offices at London, United Kingdom.

• 1.2 We operate an online marketplace where you can purchase primary tickets, as well as other items in connection with events. The term “Ticket(s)” means primary event tickets.

• 1.3 This “Purchase Policy” sets out the terms and conditions applicable to purchases of Tickets from us.

• 1.4 Please note, Items cannot be refunded after purchase, save as set out in clauses 9 and 10 of this Purchase Policy.

• 1.5 Nothing in this Purchase Policy affects your statutory rights as a consumer. For further information about your statutory rights, please contact Citizens Advice.

• 2. LEGALLY BINDING CONTRACT

• 2.1 In order to make a purchase from us, you must be at least 18 years old (or the age of legal capacity in the country of purchase) and able to enter into legally binding contracts. If you are purchasing online, you must also have a valid credit or debit card issued in your name.

• 2.2 Any purchase from us forms a legally binding contract that is subject to: (i) this Purchase Policy; (ii) any special terms and conditions stated to be applicable to an Item and/or event; (iii) other terms and conditions of the event; and (iv) any venue terms and conditions (including conditions of entry). You should read this Purchase Policy carefully before you make a purchase.

• 2.3 By purchasing one or more Items from us, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Purchase Policy. If you do not agree with this Purchase Policy or any other applicable terms and conditions, or if you cannot comply with any of them, then you must not make a purchase.

• 2.4 We reserve the right from time to time to make changes to this Purchase Policy. Where we make any such changes, we shall post the updated version of this Purchase Policy on our website. Therefore, we recommend you check this Purchase Policy regularly to stay informed of its current terms and conditions. All purchases are subject to the applicable version of this Purchase Policy that was published at the time of purchase. If you do not agree with any revised version of this Purchase Policy, or if you cannot comply with it, then you must not make a purchase.

• 4. PRICES, PAYMENT AND PLACING ORDERS

• 4.1 All prices for Items offered for sale from us are broken down as follows:
  (a) sale price of the Item (“Sale Price”); plus
  (b) any per-Item service or facility charges (“Admin Fee”); plus
  (c) any per-order handling and/or delivery fees (“Admin Fees”).

• 4.2 Whilst we try to ensure that all advertised prices are accurate, errors may occur. If we discover an error in the price of any Item you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price (in which case we will credit or debit you as applicable) or cancelling your order (in which case you will receive a full refund). If we are unable to contact you to confirm your order at the correct price, you agree that we may treat the order as cancelled and issue you with a full refund, without any further liability.

• 4.3 In many circumstances, Ticket prices are set at the time of the initial on-sale and stay the same until the event. However, some Tickets are "market-priced," and so Sale Prices may increase or decrease at any time, based on demand. This is similar to how airline tickets and hotel rooms are sold and is commonly referred to as "Dynamic Pricing". You will not be entitled to a refund or credit if (i) the Sale Price you paid for a Ticket was at any time before you purchased your Ticket less than the Sale Price you paid; or (ii) the Sale Price of any other Tickets to the relevant event (whether in the same price category or otherwise) is/are subsequently reduced after you purchase your Ticket.

• 4.4 Because you can purchase Items for events taking place in several different countries, not all Items are priced in British Pound Sterling. All prices are displayed in the currency that they will be charged in, and we accept no responsibility or liability for additional charges you may be subject to by your credit or debit card provider, or any currency exchange rate fluctuations, which are entirely at your risk.

• 4.5 Accepted methods of payment include Visa, MasterCard and American Express debit or credit cards.

• 4.6 Your contract for purchase starts once we have confirmed your order and ends immediately after completion of the event for which you have purchased Item(s). However, if you have purchased an Upsell that is a product (as opposed to a service), your contract for purchase in relation to that product will end 14 days after the date of delivery of the product to you.

• 4.7 If you do not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm or contact us via email – info@soundsdafrique.com whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.

• 4.8 All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.

• 4.9 It is prohibited to obtain or attempt to obtain any Items through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of this Purchase Policy, without any notice to you, and any and all Items obtained as part of such orders will be void.

• 4.10 To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently, without any notice to you, and any and all Items obtained as part of such orders will be void.

• 4.11 Please ensure that you read the full Item description details and are happy with your selection prior to purchase as we may be unable to rectify issues arising as a result of your mistake.

• 5. DELIVERY

• 5.1 Once ticket is purchased, you are responsible for either providing a valid email address for e-delivery of Tickets and ensuring that you are able to receive delivery of the Tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered, and by checking your email mailbox regularly (including junk or spam folders)).

• 6. TICKET RIGHTS AND OBLIGATIONS

• 6.1 Any Ticket you purchase from us remains the property of Soundsdafrique and is a personal revocable licence which may be withdrawn, and admission refused, at any time.

• 7. TICKET RESTRICTIONS

• 7.1 Tickets may be sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restrictions will be displayed or otherwise notified to you before or at the time of booking. It is your responsibility to ensure that you read all notifications and other important information displayed or notified to you as part of the purchase process. We will not be responsible if you or any guests under your booking are refused admission because of a failure to meet or prove that you/they meet any restrictions (e.g. a minimum age requirement).

• 7.2 You are not entitled to purchase any Tickets as a trader acting in the course of business with the intention of reselling your Tickets for profit unless formal written permission is given by us in advance. If we discover or have reason to suspect that you have purchased and intend to resell, or have sold Tickets in breach of this clause, we reserve the right to cancel your Tickets without notice.

• 7.3 You may not resell or transfer your Tickets if prohibited by law. Any resale or transfer (or attempted resale or transfer) of a ticket in breach of the applicable law or any restrictions or prohibition imposed is grounds for seizure or cancellation of that Ticket.

• 7.4 Tickets purchased from us may not:
  (a) be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or
  (b) be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution,
  unless formal written permission is given by us in advance and provided that even if such permission is granted, use of our trade marks and other intellectual property is subject to the express prior written consent of the owner.

• 8. EVENT TIMINGS AND ADMISSIONS

• 8.1 Please note that advertised start times of events are subject to change. Also, door opening and closing times stated in relation to an event are not indicative of the event’s start or end time (or when an artist is scheduled to play or the length of the artist’s performance), all of which remain at the relevant artist’s discretion and may be subject to change.

• 8.2 Tickets are sold subject to our right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in clause 11, in which case the provisions of that clause shall apply.

• 8.3 Generally, every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.

• 8.4 The event venue may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons (including you) breaching or suspected of breaching any terms and conditions of the event.

• 8.5 Admission to all events is subject to the terms of admission of the relevant venue, and certain items (e.g. laser pens, mobile phones, dogs (except guide dogs) and patrons’ own food and drink) may be prohibited. Please check with the venue directly. The unauthorised use of photographic and/or recording equipment at events is also prohibited. Any unauthorised photos, videos and/or recordings may be destroyed or deleted. The use of drones or similar equipment for any reason in, at or near the event venue is strictly prohibited.

• 8.6 Breach of any of venue terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle us to eject you from the venue.

• 8.7 we reserve the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety and you will not be entitled to a refund (including for crowd surfing or moshing, or failure to comply with any measures put in place to combat the spread of Covid-19), any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of our terms and conditions.

• 8.8 Unless expressly authorised by us, there will be no pass-outs or re-admissions of any kind.

• 8.9 By attending an event, you and other patrons understand and agree to being photographed, filmed and/or recorded in relation to the event and/or for safety and security, including filming by the police. You and other patrons understand and agree that resulting photographs, videos, audio recordings and/or audiovisual recordings may be used in any and all media for any purpose at any time throughout the world (however, you may object to such use by specific request to info@soundsdafrique.com).

• 8.10 Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection at events.

• 8.11 Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured at an event, which may not be suitable for those with photosensitive epilepsy, or similar conditions.

• 9. EVENT CANCELLATIONS AND ALTERATIONS

• 9.1 If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from the Venue (if you book online, we will send you an email). However, we cannot guarantee that you will be informed of such cancellation, rescheduling or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled, rescheduled or altered and the date and time of any rescheduled event.

• 9.2 Cancellation: If an event for which you have purchased Tickets or Packages is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the Sale Price of your Tickets (Admin Fees may be non-refundable).

• 9.3 Rescheduling: If an event for which you have purchased Tickets or Packages is rescheduled, Tickets will usually be valid for the new date (or you will be offered Tickets of a value corresponding with your original Tickets for the rescheduled event, subject to availability). If you notify us within the specified deadline that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets (Admin Fees are non-refundable). Failure to notify us within any specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets for the rescheduled event, and you will not be able to claim a refund.

• 9.4 Material Alteration: If an event for which you have purchased Tickets is "materially altered" (as defined in clause 9.5 below), Tickets will usually be valid for the altered event (or you will be offered Tickets of a value corresponding with your original Tickets or Packages for the altered event, subject to availability). If you notify us within the specified deadline that you do not wish to attend the altered event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets (Admin Fees are non-refundable). Failure to notify us within any specified deadline that you do not wish to attend the altered event will be deemed to be a reconfirmation of your order for Tickets for the altered event, and you will not be able to claim a refund.

• 9.5 For the purposes of this Purchase Policy, a “material alteration” is a change (other than a rescheduling) which, in our reasonable opinion, makes the event materially different to the event that purchasers of Tickets, taken generally, could reasonably expect. In particular, please note that the following are not deemed to be “material alterations”: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

• 9.6 To claim a refund under clause 9.2, 9.3 or 9.4, please send an email to info@soundsdafrique.com. Your email must be received by us within 28 days from the date of the cancelled event.

• 9.7 Refunds will be made using the same means of payment as you used for the initial purchase.

• 9.8 If you have purchased any Upsells associated with an event which has been cancelled, rescheduled or materially altered and a refund in relation to the Tickets is due to you in accordance with clause 9.2, 9.3 or 9.4, unless the Upsell is a product and has already been delivered to you or is a digital download purchased during the 14 days immediately before the date of release or at any time on or after the release date, we will also refund you the Sale Price of such Upsells purchased from us. However, nothing in this clause 9 shall operate to exclude your statutory right to cancel orders for Upsells other than Excluded Upsells (as defined below), as set out in clause 10.

• 10. STATUTORY RIGHT TO CANCEL

• 10.1 Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out in clause 9.

• 10.2 Furthermore, certain types of Upsells cannot be cancelled, exchanged or refunded after purchase, save in certain specified circumstances. Such Upsells are referred to in this Purchase Policy as “Excluded Upsells”) and include:
  (a) any travel, catering, accommodation, transport or services relating to leisure activities, to be provided on a specified date or during a specified period;
  (b) any products that are made to your specifications or are clearly personalised;
  (c) any sealed audio or sealed video recordings or sealed computer software, if such goods become unsealed after delivery;
  (e) any goods which become mixed inseparably (according to their nature) with other items after delivery;
  (f) any goods which are liable to deteriorate or expire rapidly; and/or
  (g) any alcoholic beverages where:

• (i) the price has been agreed at the time of the conclusion of the contract;

• 10.3 To exercise your right to cancel, you must inform us of your decision to cancel your purchase by email – info@soundsdafrique.com

• 10.4 To meet the relevant cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period, as set out in clause 10.3, has expired.

• 10.5 If you cancel a purchase under this clause 13, we will generally reimburse to you all payments received from you in relation to the relevant cancelled

• 10.6 We will make necessary refunds under this clause 13 without undue delay

• 10.7 We will make the reimbursement using the same means of payment as you used for the initial purchase, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the refund.

• 11. INTERPRETATION

• 11.1 The terms “including”, “include”, “in particular”, “e.g.” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

• 11.2 The headings used within this Purchase Policy are for reference purposes only and do not affect its interpretation. Clauses references in these terms and conditions are references to the clauses of these terms and conditions of this Purchase Policy.

• 11.3 Capitalised terms in this Purchase Policy shall have the special meaning ascribed to them as set out within this Purchase Policy.

• 12. WARRANTIES AND INDEMNITIES

• 12.1 You represent and warrant that the information that you submit to us in relation to your account and in your use of the TM Services is true, accurate and complete and you will not use any false information, including contact information. You further warrant and represent that you are at least 18 years old (or the age of legal capacity in the country of purchase) and can enter into legally binding contracts for the purchase of Tickets.

• 12.2 You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with the terms of this Purchase Policy and any other applicable terms and conditions.

• 12.3 You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of this Purchase Policy or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.

• 13. LIMITATION OF LIABILITY

• 13.1 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused:
  (a) in any circumstances where there is no breach of contract or a legal duty of care owed by us;
  (b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or
  (c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Purchase Policy and/or any other applicable terms and conditions and/or any applicable laws or regulations.

• 13.2 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the Soundsdafrique Services and/or any purchases made under this Purchase Policy. In particular please note that:
  (a) personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an event which have been arranged by you are at your own risk, and we shall not be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of an event for which you have purchased tickets under this Purchase Policy; and
  (b) we shall not be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered; and
  (c) we shall not be responsible or liable to you (and you will not be entitled to any refund) if admission to a venue or event is refused or revoked at any time as a result of your breach of any Event Partner’s terms and conditions.

• 13.3 Unless otherwise stated in this clause 16, our liability to you in connection with an event (including, but not limited to, for any cancellation, rescheduling or alteration of an event) and any Items you have purchased shall be limited to the price paid by you for the Items, including any Admin Fees.

• 13.4 We are not responsible for any internet connection errors experienced while using the Soundsdafrique website.

• 13.5 We are not responsible for the actions or failures of any Venue, performer or promoter. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings, or those of any guests attending an event.

• 13.6 We will not be liable to you for failure to perform any of our obligations under this Purchase Policy to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments). This clause does not affect the terms of any clauses specifically providing for a right of refund.

• 13.7 Nothing in this Purchase Policy seeks to exclude or limit our liability for death or personal injury caused by our negligence, fraud or other type of liability which cannot by law be excluded or limited.

• 14 QUERIES, COMPLAINTS AND DISPUTE RESOLUTION

• 14.1 If we need to contact you, we will use your contact details (or the contact details you provided at the time of purchase, if you did not purchase online). It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Items. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.

• 14.2 If you have any queries or complaints regarding your purchase, please contact us at info@soundsdafrique.com.

• 14.3 Your query or complaint shall be acknowledged by us as soon as possible and in any event, within five business days of receipt.

• 14.4 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to you and us. Please note, some complaints can take as much as 28 days to resolve.

• 14.5 Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation with you within 28 days, you and we may attempt to settle it by mediation.

• 14.6 Please note that we do not tolerate aggressive or abusive behaviour towards our staff or representatives, or unreasonable demands or persistence being used (including any threat, abuse or harassment towards our staff or representatives in any form or any media). We reserve the right to take such action we deem reasonably necessary in the circumstances to address any such behaviour towards our staff or representatives.

• 15. GENERAL

• 15.1 If we delay or fail to enforce any of the provisions of this Purchase Policy, it shall not mean that we have waived our right to do so.

• 15.2 We shall be entitled to assign our rights and obligations under this Purchase Policy provided that your rights are not adversely affected.

• 15.3 If any provision of this Purchase Policy is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from this Purchase Policy and this shall not prevent the other provisions from continuing to remain in full force and operate separately.

• 15.4 If any provision of this Purchase Policy is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Purchase Policy.

• 15.5 Any of our affiliates, successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided in the previous sentence, this Purchase Policy does not create any right enforceable by any person who is not a party to it but does not affect any right or remedy that a third party has which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.

• 15.6 Nothing contained within this Purchase Policy and no action taken by you or us pursuant to this Purchase Policy shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent.

• 15.7 Any notice provided under this Purchase Policy shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email).

• 15.8 This Purchase Policy shall be governed by and construed in all respects in accordance with English law and both you and we agree to submit to the non-exclusive jurisdiction of the English courts in relation to any dispute arising out of or in connection with this Purchase Policy.