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Website Terms and Conditions

Terms of Service for Food Trucks in SA

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at welove@coolshitinsa.co.za.

 

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

 

License to use website
Unless otherwise stated, Fresh State (Pty) Ltd (“FS”) and/or its licensors own the intellectual property rights published on FS websites (“WS”) and materials used on FS WS. Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website) without formal written consent from Food Trucks in SA and/or its licensors, clients, vendors and/or related parties;
  • sell, rent or sub-license material from the website;
  • show any material from the website in public, without formal written consent from FS and/or its licensors, clients, vendors and/or related parties;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose, without formal written consent from FS and/or its licensors, clients, vendors and/or related parties;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation unless formal written consent is obtained from FS and/or its licensors, clients, vendors and/or related parties;

 

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.foodtrucksinsa.co.za or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities on or in relation to this website without express written consent of FS.

 

This includes:

  • scraping;
  • data mining;
  • data extraction;
  • data harvesting;
  • ‘framing’ (iframes);
  • Article ‘Spinning’.

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without the express written consent of FS.

 

Restricted access
Access to certain areas of this website is restricted. FS reserves the right to restrict access to certain areas of WS, or at our discretion, this entire website. FS may change or modify this policy without notice.

 

If FS provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

 

FS may disable your user ID and password at the sole discretion of FS without notice or explanation.

 

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to FS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media without any compensation in any way or form. You also grant to FS the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or FS or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

FS reserves the right to edit or remove any material submitted to this website, or stored on the servers of FS, or hosted or published upon this website.

 

FS’s rights under these terms and conditions in relation to user content, FS does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

No warranties
This website is provided “as is” without any representations or warranties, express or implied. FS makes no representations or warranties in relation to this website or the information and materials provided on this website.

 

Without prejudice to the generality of the foregoing paragraph, FS does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of liability
FS will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if www.foodtrucksinsa.co.za has been expressly advised of the potential loss.

 

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of FS in respect of any:

  • death or personal injury caused by the negligence of FS or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of FS; or
  • matter which it would be illegal or unlawful for FS to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

 

If you do not think they are reasonable, you must not use this website.

 

Other parties
You accept that, as a limited liability entity, FS has an interest in limiting the personal liability of its management and employees. You agree that you will not bring any claim personally against FSs management or employees in respect of any losses you suffer in connection with the WS.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect FS’s management, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FS.

 

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity
You hereby indemnify FS and undertake to keep FS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FS to a third party in settlement of a claim or dispute on the advice of FS’s legal advisers) incurred or suffered by FS arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions
Without prejudice to FS’s other rights under these terms and conditions, if you breach these terms and conditions in any way, FS may take such action as FS deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation
FS may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.

Please check this page regularly to ensure you are familiar with the current version.

 

Assignment
FS may transfer, sub-contract or otherwise deal with FS’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement
These terms and conditions, together with FS’s Privacy Policy constitute the entire agreement between you and FS in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.

 

www.foodtrucksinsa.co.za’s details
The full name of www.foodtrucksinsa.co.za is Fresh State (Pty) Ltd.

 

Company information
This website is run by Fresh State (Pty) Ltd based in South Africa. For your convenience we list some general information regarding the Company:

 

The company is Fresh State (Pty) Ltd.

We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2012/204862/07. We are not VAT registered.

 

We operate from 40 Stevens Road, Blairgowrie, South Africa 2194 and our contact details are as follows:

Telephone: +27 76 797 5137

Email: info@freshstate.co.za

Website: www.freshstate.co.za

Ticketing Terms and Conditions

Introduction

Fresh State (Pty) Ltd (“we”, “us” or “FS”) is a promoter of live entertainment events (“Event”, “Events”). Tickets (“Tickets”) for Events are sold by FS to purchasers through our websites (“WS”) or other ticketing agents. Notwithstanding the terms and conditions of such ticketing agents which may apply to the sale of a Ticket for a particular Event, by purchasing and/or holding and/or being in possession of a Ticket or Tickets, the holder of the Ticket (“Ticket holder”, “you”, “your”) agrees to and is bound by these terms and conditions (“Ticketing Terms”).

 

We further encourage you to contact the Venue and/or visit the Venue website and/or the Venue box office for their most recent terms and conditions.

 

The provisions of these Ticketing Terms are for the benefit of our ticketing agents and/or FS and/or the Venue by way of contract for the benefit of a third party and may be accepted by the ticketing agents and/or FS and/or the Venue at any time.

 

If you are under the age of 18, you must obtain your parents’ or legal guardians’ prior authorisation, permission and consent to attend an Event.

 

All clauses in the Ticketing Terms indicated in BOLD are provisions which limit the risk or liability of FS and/or WS and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify FS and/or WS or is an acknowledgement of a fact by you, and are therefore drawn to your attention. You should pay particular attention to such clauses and consider them carefully.

 

The Ticketing Terms

1. Each Ticket you purchase from FS through a ticketing agent or through WS is intended to give you a revocable license (or right) to entry and attendance of the particular Event only to which the Ticket pertains. Each Ticket holder has a right to a seat or standing place in relation to the stage, of a value corresponding to that stated on the Ticket holder’s Ticket. FS and the Venue reserve the right to provide alternative seats or standing place to those specified on the Ticket.

 

2. A Ticket does not afford the Ticket holder the right to transport to the Venue, or parking, or merchandise, or any food or beverages at the Venue, unless otherwise stated. Other independent service providers might render services relating to transport, parking, merchandise, food or beverages at the Venue and in such circumstances, the terms and conditions of such service providers will apply between it and persons who make use of such products or services.

 

3. You must produce a valid Ticket to gain entry to the Venue and you must produce that Ticket for inspection upon request from an Event official at any time. Failure to produce such Ticket when requested may result in you being denied access to the Venue or in you being removed from the Venue.

 

4. Tickets are not transferable and cannot be resold or offered for resale (including on-line auction sites) or used for commercial purposes including advertising, competitions, contests, sweepstakes, promotions, or used, sold or given away in conjunction with other products or services (such as part of a travel or hospitality package) without the express written permission of FS in advance. If this condition is breached the Ticket may be cancelled without refund or compensation and the bearer of the Ticket may be refused entry or removed from the Venue.

 

5. Any Tickets bought from unauthorised agents or third parties are not valid and admission to an Event on the strength of such Tickets will not be permitted. All Tickets remain the property of FS at all times and constitute a personal revocable license from FS to the Ticket holder which may be withdrawn by FS and admission refused at any time upon refunding the printed purchase price of the Ticket.

 

6. We reserve the right to restrict the sale of Tickets to a maximum number per person, per credit card and/or per household and to cancel any Tickets purchased in excess of this number.

 

7. If an error is made in the price of Tickets ordered by you, you will be notified by us as soon as possible and we will give you the option to either (a) reconfirm your Ticket order at the correct price; or (b) cancel your Ticket order and receive a full refund from us, excluding any related costs such as third-party fees.

 

8. It is your responsibility to (i) ensure that your Tickets are collected by or delivered to you before the date of the Event; (ii) keep your Tickets safe prior to the Event; and (iii) check your Tickets and to ascertain the date and the time of the Event and if applicable, any rescheduled Event. Event dates and times are subject to change. We refer you to the Ticket Purchase Agreement which contains detailed provisions relating to the collection and delivery of Tickets purchased through WS. Neither FS nor WS is responsible or liable should you fail to obtain your Tickets timeously or for any Tickets that are lost, stolen or damaged.

 

CANCELLATION POLICY

9. You are entitled to cancel your purchase of and return your Ticket(s) at any time prior to the scheduled date of the Event to which the Ticket(s) apply by contacting the ticketing agent or FS (whichever is applicable) and arranging such cancellation and return, subject to the following:

 

9.1 All tickets purchased before 16 February 2017

 

9.1.1. Following receipt of the returned Tickets, the face value paid for the Tickets will be refunded to you, subject thereto that if such a cancellation occurs less than thirty (30) days prior to the Event, a 100% (hundred) percent cancellation fee calculated on the face value of the Ticket will apply. Notwithstanding the above, if you can provide us with proof that the person in whose name a Ticket was issued will not be able to attend the Event because of his or her death or hospitalisation, no cancellation fee will apply in respect of that Ticket.

 

9.2. All tickets purchased from 16 February 2017

 

9.2.1. If you qualify as a “Consumer” as defined in the Consumer Protection Act, 2008:

 

9.2.1.1 If you cancel your purchase of and return your Ticket(s) within 7 (seven) days of purchase, you will be entitled to a full refund of the face value of the ticket.

 

9.2.1.2. If you cancel your purchase of and return your Ticket(s) more than 7 (seven) days after the date on which the ticket was purchased, you will be entitled to a refund of the face value of the ticket less a reasonable cancellation charge, calculated as follows:

 

9.2.1.2.1. for Ticket(s) returned up to 120 days prior to the event date, a reasonable cancellation charge of 15% (fifteen percent) will apply;

 

9.2.1.2.2. for Ticket(s) returned up to 90 days prior to the event date, a reasonable cancellation charge of 30% (thirty percent) will apply;

 

9.2.1.2.3. for Ticket(s) returned up to 60 days prior to the event date, a reasonable cancellation charge of 50% (fifty percent) will apply;

 

9.2.1.2.4. for Ticket(s) returned less than 60 days prior to the event date, a reasonable cancellation charge of 100% (one hundred percent) will apply;

 

9.2.1.3. No refund shall be issued in respect of a cancelled purchase unless the original Ticket(s) are returned.

 

9.2.1.4. You hereby acknowledge and agree that the aforementioned cancellation charges constitute reasonable charges as contemplated in the Consumer Protection Act, 2008.

 

9.2.1.5. Notwithstanding the above, if you can provide us with proof that the person for whom, or whose benefit a Ticket was purchased will not be able to attend the Event because of his or her death or hospitalisation, no cancellation fee will apply in respect of that Ticket.

 

9.2.2. If you do not qualify as a “Consumer” as defined the Consumer Protection Act, 2008:

 

9.2.2.1 If you cancel your purchase of and return your Ticket(s) within 7 (seven) days of purchase, you will be entitled to a full refund of the face value of the ticket;

 

9.2.2.2 After the expiry of the aforementioned 7 (seven) day period after the date on which the Ticket(s) was purchased, you will have no right to cancel your purchase of and return your Ticket(s).

 

9.2.2.3. for Ticket(s) returned up to 60 days prior to the event date, a reasonable cancellation charge of 50% (fifty percent) will apply;

 

9.2.2.4. for Ticket(s) returned less than 60 days prior to the event date, a reasonable cancellation charge of 100% (one hundred percent) will apply;

 

9.2.3. No refund shall be issued in respect of a cancelled purchase unless the original Ticket(s) are returned.

 

9.2.4. You hereby acknowledge and agree that the aforementioned cancellation charges constitute reasonable charges as contemplated in the Consumer Protection Act, 2008.

 

9.2.5. Notwithstanding the above, if you can provide us with proof that the person for whom, or whose benefit a Ticket was purchased will not be able to attend the Event because of his or her death or hospitalisation, no cancellation fee will apply in respect of that Ticket.

 

10. Your purchase of Tickets is subject to our right to cancel or reschedule an Event at any time, or to alter or vary the programme of an Event, due to circumstances beyond our reasonable control. Where we alter or vary the programme of an Event, we shall not be obligated to refund any Ticket monies or exchange your Tickets. Please note that if an opening act or guest artist is changed or cancelled, the event is not considered cancelled and you will not be entitled to a refund or exchange. Neither we, a ticketing agent, WS nor any other person shall have any liability to you to refund the purchase price of a Ticket in circumstances where an Event is cancelled due to circumstances beyond our reasonable control.

 

11. If an Event is rescheduled or cancelled, we will use our reasonable endeavours to notify you as soon as reasonably possible thereof (including notifying you of the details of any rescheduled Event) by publishing the details of the rescheduled or cancelled Event, as the case may be, on the website located at the domain name http://www.internationalbeerday.co.za (the “Website”) and by e-mail and short message service (“SMS”) notification to the contact details which you provide at the time of the purchase of Tickets. It is therefore important that you provide the ticketing agent or BCOS (whichever is applicable) with your correct contact details at the time of the purchase of Tickets. If the Event is to be rescheduled, you will be offered a Ticket for the rescheduled performance of the Event (subject to availability and you having provided us with correct contact details). Should you not wish to attend such a rescheduled performance of the Event, you will be required, for purposes of safety and security planning in respect of the Event, to notify the ticketing agent through which you purchased your ticket, or alternatively our customer service centre at +27 76 797 5137 or welove@coolshitinsa.co.za, of your intention to not attend that Event. You may give such notification by way of verbal confirmation, e-mail or SMS notification, which notification must be received by the date published on the Website and by e-mail and SMS notification to the contact details which you provide at the time of the purchase of Tickets. Should you give notification as stated above or if the Event is not rescheduled, you shall be entitled to a refund of the face value of the Ticket. If the relevant Event is only partially cancelled (eg if it is a multi-day Event and only one day is cancelled), we shall give you a partial refund corresponding to the proportion of the Event cancelled. Any refund referred to herein must be claimed by you by contacting the ticketing agent or WS (whichever is applicable) to arrange the return of your unused Ticket and receive the refund. Note that all refunds exclude any third-party service fees applicable.

 

12. The following restrictions will apply to your attendance at an Event and your breach of any of these may lead to you being ejected from the Venue:

 

12.1. Appropriate standards of behaviour are expected of all persons attending an Event and persons deemed to be behaving in a manner that is dangerous or unacceptable in the opinion of FS or its agents or contractors, will be refused admission and/or removed from the Venue with no refund on the Ticket. Activities such as ‘stage diving’, ‘moshing’, ‘climbing’ and ‘crowd surfing’ are strictly prohibited for your own safety.

 

12.2. In order to facilitate the security, safety and comfort of all patrons, we reserve the right in our reasonable discretion to conduct security searches of persons, clothing, bags and all other items on entry and exit of a Venue, to confiscate items which may cause danger or disruption to the Event or to other patrons or that are in breach of the Ticketing Terms and/or to refuse admission and/or to refund the Ticket face value if we have reasonable grounds to do so.

 

12.3. Ticket holders may be ejected from the Venue if, in the reasonable opinion of FS or its agents or any contractors appointed by FS, or the Venue, the Ticket holder is a risk to the safety of any patron and/or may affect the enjoyment of other patrons and/or the running of the Event or may cause damage, nuisance or injury. Examples include being (or appearing to be) drunk, incapable, intoxicated or under the influence of illegal drugs, under-age (where relevant), abusive, threatening, behaving anti-socially, carrying offensive weapons or illegal substances, declining to be searched or in breach of any of these Ticketing Terms or the terms and conditions of the Venue.

 

12.4. There are to be no pass-outs or re-admissions after you exit the gates of a Venue (after entry) and you will not be permitted to re-enter the Venue.

 

12.5. The following items are not permitted to be brought into a Venue:

 

12.5.1. Glass bottles or containers or other heavy and/or sharp objects, which could potentially be used as projectiles (excluding sunglasses, binoculars and prescription or reading glasses)

 

12.5.2. Any illegal drugs

 

12.5.3. Skateboards, scooters, roller blades or bicycles

 

12.5.4. Knives, weapons of any nature or fireworks

 

12.5.5. Any object that could be used to distract, hinder or interfere with any performer, including laser pointers and flashlights

 

12.5.6. Flags with poles, large flags or banners that may obstruct the view of other patrons

 

12.5.7. Any whistle, horn, musical instrument, loud hailer, public address system or vuvuzela

 

12.5.8. Digital, electronic or other recording or broadcast device

 

12.5.9. Any item that you intend to distribute, hawk, sell, offer, expose for sale or display for marketing or promotional purposes

 

12.5.10. No animals apart from authorised guide/assistance dogs

 

12.5.11. Any dangerous goods and any other items by management to be dangerous or capable of causing a public nuisance

 

12.5.12. Professional cameras or video recorders

 

12.5.13. Umbrellas (unless there is an obvious threat of rain), in which case small umbrellas will be permitted but no golf or beach umbrellas

 

12.5.14. Braais or barbeques

 

12.5.15. Camping Chairs

 

12.5.16. Cooler Boxes

 

12.5.17. Food and refreshments (including soft drinks and alcohol).

 

12.6. Please note that in seated areas, other members of the audience may stand up during the Event.

 

12.7. Smoking is not permitted in the Venue.

 

12.8. The unauthorised use of photographic, video and/or sound recording equipment is prohibited.

 

12.9. Efforts will be made to admit latecomers at an appropriate break in the performance of the Event. Entry will not be permitted if it will disrupt the performance.

 

13. If you are a disabled person, you are requested to inform FS and FS, its agents and contractors will use their reasonable endeavours to accommodate and assist you at the Event, subject to their capacity to do so, and the confines and layout of the Venue facilities.

 

14. All children attending an Event must be in possession of a valid Ticket. Events may be age-restricted and it is the responsibility of the Ticket holder to check age restrictions to an Event before purchasing a Ticket. In any case, unless indicated otherwise, a responsible adult must accompany children 14 years of age and under.

 

15. Please note that CCTV and film cameras may be present at the Venue. By purchasing Tickets and attending the Event, you consent to being filmed, photographed, videotaped, or otherwise recorded, and that your name, voice and likeliness may be broadcasted, displayed or distributed (commercial or otherwise) without any compensation being paid to you.

 

16. You voluntarily assume all risks and dangers incidental to an Event, whether occurring before, during or after the Event, and you waive any claims for loss, damage, personal injury or death against FS, the management of FS, any agent of FS, the performing artist(s), participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any minor accompanying you or for whom you purchased a Ticket.

 

17. Neither the Venue nor FS can accept responsibility for damage to or loss of any personal property at an Event.

 

18. You bear the risk of inclement weather.

 

19. To the fullest extent possible in law, we do not accept liability for and you will have no claim in respect of:

 

19.1. any errors relating to the location of your seat or standing place relative to the stage as indicated on the seating plan prepared for the Venue; or

 

19.2. the quality of the view from your seat or standing place; or

 

19.3. the lack of or inadequacy of parking at the Venue; or

 

19.4. any problems relating to the adequacy of traffic control to and from the Venue; or

 

19.5. the lack of or inadequacy of food and beverages at the Venue; or

 

19.6. the quality of sound and lighting at the Event; or

 

19.7. the quality of any services provided by independent contractors at the Venue.

 

20. You agree and acknowledge that neither WS nor FS nor any of its agents have guaranteed or made any warranties or representations to you in relation to the accuracy of the location of your seat or standing place relative to the stage as indicated on the seating plan prepared for the Venue, the availability of parking at the Venue and/or the adequacy of traffic control to or from the Venue.

 

21. If any provision of these Ticketing Terms is or becomes illegal, invalid or unenforceable in any jurisdiction that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Ticketing Terms; or the legality, validity or enforceability in any other jurisdiction of that or any other provision of these Ticketing Terms.

 

22. No indulgence which FS or any of its agents and/or contractors (the “Grantor”) may grant to you and/or the Ticket holder (the “Grantee”) shall constitute a waiver of any of the rights of the Grantor, who shall not thereby be precluded from exercising any rights against the Grantee which might have arisen in the past or which might arise in the future.

 

23. These Ticketing Terms cancel and supersede all prior negotiations and previous agreements, understandings and arrangements, whether written or oral, between you and FS or any of its agents and/or contractors.

 

24. These Ticketing Terms constitute the whole agreement between you and/or the Ticket holder and FS in respect of the subject matter hereof and no addition to or variation or novation of this agreement shall be of any force or effect, unless reduced to writing and signed by the above parties or their duly authorised representatives.

 

25. These Ticketing Terms shall be governed by South African Law and be subject to the exclusive jurisdiction of the South African courts.

 

General
26. If you experience any problems at the Event, please contact a steward or duty manager as it may not be possible to resolve issues after the Event.

 

27. In case of emergency please follow instructions and directions from stewards, staff and/or other officials.

 

28. Please note that loud music at Events can damage hearing.

 

29. The staging of all events is subject to obtaining the relevant licences.

 

30. When purchasing alcohol at a Venue, if you appear to be under the age of 18 you may be asked for proof of age.

 

31. Official merchandise is only available from WS and/or outlets within the Venue. Please beware of unofficial traders offering inferior and illegal goods.

 

32. Any refunds will always exclude third-party fees.

Event Terms and Conditions

FESTIVAL RULES!!

  1. NO WEAPONS ALLOWED
  2. NO FIRECRACKERS or FIREWORKS
  3. FOR YOUR SAFETY “PLEASE USE AN UBER” or RELATED SERVICE
  4. NO VIOLENCE
  5. ALL PERSONAL BELONGINGS AND GUESTS ARE SUBJECT TO BE SEARCH

When ordering your ticket you MUST agree to the Event Terms and Conditions.  Upon entering the event, you are once again agreeing to comply with the Event Terms and Conditions of the Event.  Please read these carefully.

 

Terms and Conditions

Anyone entering any event hosted by Fresh State (Pty) Ltd (“FS”) must review these regulations, accept and comply with the conditions. If any terms of these general conditions are not followed, access and/or permanence at the event may be denied. Should you be asked to leave due to noncompliance with these terms and conditions, the entrance fee or ticket will not be refunded.

 

Access to Events

Upon arrival at the event, every person must be in possession of a valid ticket issued by the organiser or one of the approved FS ticketing outlets. To access the event, a ticket is required per person and will only be valid on the day(s) of the event as indicated on the ticket.

 

The minimum age limit to be allowed entry into the event will be as per the ticket. Minors will not be allowed to enter the events regardless of the presence of an adult, unless otherwise stated.

IMPORTANT: A valid proof of identification will be required upon request of security. Failure to provide valid identification will result refusal of access to events and no refunds will be given.

 

Your Ticket – Absolute customisation and uniqueness warranty of the ticket.

 

FS ensures total security of the financial operations and the absolute correctness and invulnerability of ticketing systems. Therefore, any occurrence of ticket duplicity will be understood as the lack of verification on the part of the buyer, which may result in the buyer’s access to the event being denied in case someone else produces a copy of the ticket and enters the festival before the buyer.

 

Tickets are only sold by means of the FS WS and authorised sales channels.

 

No refunds will be entertained in the event of duplicate/fraudulent tickets.

 

Entrance

Any guest who has made others aware of their ticket and, therefore, put the content in jeopardy of copy or forgery, will not be allowed into the stipulated event as stated on the ticket. Please remember that if your ticket has been lost or stolen, you are not eligible for a change or reimbursement of your ticket. However, if proof can be provided FS will do its utmost best to provide a new ticket.

 

A valid ticket must be shown at the entrance of the event venue. The organiser and the official ticket vendor reserve the right to check the identity of all those who wish to attend any event. If requested by a member of security or staff, you must provide a valid identity document (“ID”). If you are not able to show a valid ID, your access to the event may be denied and you will not be eligible for a ticket fee refund.

PHOTOCOPIES WILL NOT BE ACCEPTED.

 

Security Check

Access to the events is prohibited or refused to people who:

 

  • Are under the influence of alcohol, drugs or any other stimulant.
  • Have been banned from previous events, imposed by either the organiser or the administrative or legal authorities.
  • Are believed to show intent to disturb the peace or to provoke such a thing by inciting assault, hatred, racism, rage, etc.
  • Resist the control and non-systematic search by the event security guards and security services.
  • Refuse to declare objects that are considered to be dangerous or off-limits by the event’s security services.
  • Act in violation of the provisions of one or more articles of these internal regulations in any way, shape or form.

 

Warnings

All ticket holders, who wish to enter the event must provide a ticket for validation if required. It is possible that you will be searched on entering the event, even if previously searched.

 

FS and staff can ask all ticket holders  (of the same sex) to voluntarily submit themselves to a superficial inspection of clothing and luggage, in order to detect objects that may, when brought to the events, disrupt the course of the event, jeopardize the safety of others and disturb the peace.

 

FS reserves the right to confiscate these objects and refuse access to events without refunds.

 

Permitted and forbidden objects

You (or another person on your behalf) may not bring the following objects or items to the event:

 

  • Food or drink purchased outside event.
  • Drugs, paraphernalia, prescription medicine where the person does not have a prescription (to be shown on request) or is sharing with others and other products used for an unintended purpose.
  • People who require nutrients or medication for medical reasons (e.g. diabetes) must be in possession of a medical prescription with their name clearly listed.
  • Deodorant or perfume.
  • Any apparatus (umbrellas, tripod for cameras, and other equipment) considered dangerous by the security services to other ticketholders may be confiscated.
  • Projectiles or explosives in solid, liquid or gaseous form.
  • Inflammable products or materials and sprays.
  • Pyrotechnical objects of any type (e.g. sparklers, bottle rockets)
  • Any weapons or dangerous objects, knives, sharp objects, or bruising object which could be used in such a way (sticks, chains, stabbing or thrust weapons and the like).
  • Flammable products, materials, sprays.
  • Fire-making materials other than matches and lighters.
  • Animals (other than service dogs as permitted hereunder).
  • Laser pointers.
  • Professional cameras (detachable lens).
  • Water guns or misters.
  • Stuffed Animals
  • Chairs.
  • Flyers, stickers, posters.
  • Drone
  • Walkie talkie
  • Every item that can be used as a means to disturb the peace, endanger the safety of the crowd and/or inflict damage to people and goods in the sole discretion of event staff.

 

You may bring:

  • Simple disposable or pocket cameras (non-professional).
  • Plastic tarps and blankets to sit on.
  • Sunscreen and cosmetic products (max. 30oz or 90ml).
  • Small or medium backpacks (no larger than 53cm tall x 25cm wide x 35cm deep).
  • Sealed cigarettes & lighters.
  • Cell phones
  • Sunglasses, hats, fanny packs.
  • Service animals accompanying if you are a person with disabilities.

 

Conduct at the Event

On the event grounds it is strictly forbidden for ticket holders, or those issued special admission, to:

 

  • Try to access restricted sections or to be in sections of the site which are restricted, in accordance to their entry ticket, such as production rooms, artist’s lodges, neutral and VIP zones, offices, backstage area etc.
  • Climb tents, constructions, fences, closures, lighting columns, tables, benches or any other infrastructure of the site.
  • Obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting the festival area.
  • Disguise themselves to avoid being recognized, to disturb the peace and to compromise the safety of the general public.
  • Sell drinks, food or any other product without the express consent of the organiser.
  • Throw or shoot with any object or liquid or any other product in loose or gaseous form.
  • Urinate in public.

 

Any kind of discrimination is forbidden

Texts, symbols, images, gestures and obscene language inciting racism, xenophobia, provocation and discrimination are forbidden at the festival grounds and campsite.

 

Conditions imposed by the organiser

You must heed the directions of the organiser or those people appointed or mandated by the organiser at all times while at the event or on the same premises. Failure to comply will lead to removal from the event and no refunds issued. If necessary, the organiser may call on the police.

 

The ticket holder agrees to adhere to the conditions imposed by the organiser in relation to peace and safety during the event.

 

If you are removed from the event for any of the aforementioned reasons, access will be denied to the event for the remainder of the Event, even if you are in possession of a new entry ticket or special admission.

In the case that the organiser denies somebody access to the event, the former is entitled to divest that person of his entry ticket and to deny that person further access in order to prevent that person from trying to enter the site. If the organiser has a person removed from the site, the former is not obliged to refund the ticket.

 

Reserved rights of the organizer

For safety reasons the organiser reserves the right to:

  • Interrupt or stop the event.
  • Provisionally keep the event visitors on the site at the end of the event.
  • Totally or partially vacate the site.
  • Deny access to the site regardless of the possession of a valid entry ticket.
  • The organiser may be forced to alter the programme and/or the timetable of the event. In this case, the entry ticket remains valid and is neither exchangeable nor refundable.

 

Environment

We feel the responsibility to cherish nature. That’s why we want to inspire all our visitors, partners and fans to help us to keep the event area as clean as possible and ask you to remove all your garbage prior to vacating the event premises. Let’s reduce our waste and use the garbage collecting points to deposit all your garbage.

 

The toilets at events are free to use. The toilets will also be cleaned regularly. It is forbidden to urinate anywhere else.

 

Tickets

Tickets can only be purchased via a FS website or authorised agent.

 

In case of loss or theft of your ticket, the ticket will not be refunded or replaced.

 

Should the origin of the tickets be questionable, access to the event can be denied at all times by FS.

 

Tickets are not allowed to be used for commercial or promotional reasons without explicit and prior permission from the organiser.

 

Possible line-up changes are not grounds for a full or partial refund of the ticket.

 

Forgery of a ticket is liable to prosecution.

 

Privacy policy

FS complies with all legal dispositions regarding the protection of images, privacy and personal data, as well as consumer rights.

 

Consent

Upon entering the Event, you agree and entitle FS the right of registering your voice and image in audio and/or sound recordings and in photographs, which may be used for promotional and/or commercial ends to advertise the Event in every media, with no constraints of period, quantity of use or territory and with no remuneration whatsoever.

 

By attending the event, every person also gives their express consent to the fact that he or she may be photographed and filmed and that these images and sounds can be registered and stored for security reasons. This includes any film, photograph, audio and/or audio-visual recording. The organiser registers and stores these images and potentially makes them available to local authorities in order to ensure the security and safety of visitors and the enforcement and compliance with the safety regulations at the events.

 

Image processing aims to prevent crimes and violations to these internal regulations and serves as a means to identify, track down and facilitate the identification of perpetrators.

 

Pictures or movies made by visitors on the festival area may not be used for commercial or public purposes, unless with written consent from the organiser.

 

Recordings

The events may be recorded for display and broadcast on TV, radio, Internet or other existing media. You might be filmed. Upon entering the event, you give approval to multiply, exploit and broadcast these images/ photos.

 

At the events there may be camera surveillance.

 

Photo and small video cameras (non-professional) are allowed at the events.

 

Mobile devices with built-in camera, small photographic and video cameras (non-professional) are allowed at the events as long as the recorded footage respects the rights, image and honour of third parties.

 

Zero Tolerance drugs policy

FS operates with a zero tolerance policy regarding illegal drugs; events are organized so as to promote an environment that is free from illegal drugs.

 

It is forbidden to use, deal and/or to be in possession of illegal drugs at any FS event. If you are caught using or dealing illegal drugs or if you are found in possession of illegal drugs, you will be invited to leave the event and will be prosecuted in accordance to the provisions of South African law. We will keep a keen eye out to make sure that everyone adheres to this rule.

 

If you need to take prescribed medication due to health problems, you must be in possession of a valid medical certificate. We can only allow these prescribed medications if you can present a valid medical certificate at the entrance.

 

Everyone must follow security and crew instructions at all times. If you are under suspicion of a prohibited offense and/or engage in activities that may compromise events, the incident will be investigated; if you refuse inspection, you will be invited to leave the Event and will not be allowed to return again.

 

Merchandise

Official event merchandise will only be available onsite and FS websites.

 

Avoid purchasing piracy products.

 

People with Disability

FS is endeavours to make the event accessible to people with disabilities.

 

Staff will be available should you need any assistance or additional information about accessibility.

 

Crowd surfing is prohibited

Crowd surfing is strictly forbidden.

 

Loss or damage

The organiser values security and adopts all possible preventative measures to ensure that the Event is a safe place for everyone. However, it is each individual’s responsibility to look after their own belongings and refrain from leaving personal objects or valuables unattended.

 

The artists, organisers, agents, management and staff of FS cannot be held accountable for misplacement, loss, theft or damages caused due to negligence of the owners of the property in their custody.

 

Medical Care

FS will make emergency medical care available, with paramedic’s onsite.

 

Event organisers will provide all the possible emergency care within their reach and will direct severe cases to the nearest hospital unit.

 

We are not liable for damages and/or temporary or permanent after-effects resulting from the use of illegal drugs, negligence and/or imprudence of the patients in disobedience with our terms and conditions.

 

You recognise and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated. By entering the event, you voluntarily agree to assume the full risk of death, bodily injury or damage, regardless of severity, that may result from force majeure, such as forces of nature and/or commotions or widespread panic.

 

Parking Lot

Please use the official parking provided and do NOT park your vehicle on public streets or highways.

 

Event organisers are not responsible for vehicles parked in prohibited locations or in non-official parking lots. If deemed necessary, your car will be towed.

 

IF ANY OF THE TERMS WITHIN THESE GENERAL CONDITIONS ARE NOT FOLLOWED, ACCESS AND/OR PERMANENCE AT THE EVENT MAY BE DENIED/ REFUSED AT THE SOLE DISCRETION OF THE EVENT ORGANISERS. WHEN ACCESS IS DENIED/ REFUSED, YOU MUST LEAVE THE EVENT IMMEDIATELY.

Terms and Conditions for Event Stand/Space Bookings

1. Definitions

In these Terms and Conditions,

a) “Organisers” shall mean by any company that is part of the Fresh State (Pty) Ltd (“FS”).

b) “Exhibitor” shall mean any person, company or organisation, and the staff or agents of that company taking display space, exhibition/ event space.

c) “Venue” shall mean the location of the Exhibition/Event as per the Booking Confirmation.

 

2. Contract

2.1 A completed contract must be submitted for all bookings. Completion of the booking contract is binding confirmation of your company’s commitment to take the space booked and of your acceptance of these booking terms and conditions including the cancellation policy.

2.1.1 Bookings will not be accepted from agents or third parties.

2.1.2 Bookings are not confirmed until payment has been received.

 

2.2 Should the Organisers agree to hold a provisional booking space they reserve the right to sell that space to another Exhibitor should the first enquirer be unable to confirm their booking with a completed form on request.

 

2.3 By submitting the exhibition space contract, the Exhibitor accepts without reservation the following:

2.3.1 the terms of the exhibition space contract;

2.3.2 all regulations contained in these terms and conditions, the Exhibitors’ Manual and any reasonable instructions subsequently issued by the Organisers;

2.3.3 all regulations laid down by the venue including, but not limited to, security, health and safety, fire and traffic;

2.3.4 all current Health & Safety regulations.

2.3.5 all Exhibitors’ are required to provide all safety certificates, proof of public liability insurance and any other Health & Safety regulation documents prior to events.

 

3. Exhibition floor plan

3.1 The Organisers reserve the right to alter the layout of the exhibition at any time and in any respect. We will always endeavour to contact affected Exhibitors should this be required.

3.2 The Organisers will allocate display space to Exhibitors; requests for location will be taken into account where possible but cannot be guaranteed.

3.3 Exhibition displays and furniture must stay within the allocated floor space at all times.

 

4. Health & Safety

4.1 It is the responsibility of the Exhibitor to ensure that their staff and any supplier/contractor working on his behalf are familiar with and abide by all current South African Health and Safety regulations. The Exhibitor is responsible for the health and safety of his stand and personnel during installation, use and dismantling.

4.2 In order to create and maintain a safe environment at all times, all Exhibitors and contractors must abide by reasonable instructions from the Organisers and/or the venue.

4.3 All deliveries of exhibition stands and material to the venue and to the exhibition space must be handled by the Exhibitor and/ or their delivery personnel.

 

5. Security and Insurance

5.1 Each Exhibitor is responsible for the security and insurance of his own display and its contents.

5.2. Exhibitors must hold their own public liability insurance and, if applicable, employers liability insurance. Certificates should be available for inspection if required.

5.3 Under no circumstance may exhibition equipment and material be delivered prior to the exhibition set up time, without the express permission of the Organisers.

5.4. All exhibition materials must be removed immediately following the event. Failure to comply may result in fees being levied. Storage facilities are not available at venues.

 

6. Breakdown

6.1 Breakdown of display, or removal of display items, may not commence before the official closing time of the exhibition.

6.2 Any Exhibitor failing to remove their stand and all other items from the venue by the prescribed times will be held liable to pay any penalties that may be imposed by the venue.

 

7. Staff identification

7.1 All Exhibitor staff should wear the identification badges issued by the Organiser.

 

8. Stand fittings

8.1 All materials and stand fittings must be non-flammable or impregnated with fire-proofing solution in a way as to comply with all current safety requirements.

8.2 It is the responsibility of the Exhibitor to ensure all electrical equipment is safe and tested.

 

9. Photography

9.1 FS may arrange for photographs and/or video footage to be taken at events and used for promotional purposes. This may include printed documents or media, editorial coverage, advertising press and use on the internet.

9.2 Exhibitors who do not wish for their image to be used in this manner must notify us prior to the event.

 

10. Damage

10.1 Any damage caused to the venue by Exhibitors must be made good at their own expense.

 

11. Payment Terms

11.1 Payment is due on receipt of invoice. Any Exhibitor not having made payment by the time of the exhibition may not be permitted to exhibit.

 

12. Cancellation by the Exhibitor

12.1 All cancellations must be submitted in writing to FS.

12.2 In the event that an Exhibitor wishes to cancel their booking space, or fails to meet any of the payment obligations (either the amount or dates of payments), then the Organisers reserve the right to apply the following cancellation charges and to re-sell the space:

12.2.1 Up until 8 weeks prior to the event, 50% of total stand cost.

12.2.2 Within 8 weeks prior to the event, 100% of total stand cost.

12.3 The Organisers operate a ‘cooling off’ period:

12.3.1 with the exception of bookings received within 5 working days prior to the event, cancellations must be received in writing within 48 hours of the booking being confirmed for a full refund.

12.3.2 where the booking is received within 5 working days prior to the event, full charges will be payable.

12.4 Any payments already made to the Organisers over and above the applicable cancellation charges will be refunded. Should monies not, at the time of cancellation, already have been paid to the Organisers the cancellation fee will still apply.

 

13. Bankruptcy or Liquidation

13.1 In the event of an Exhibitor becoming bankrupt or insolvent, on entering into liquidation or having a receiver, administrator or trustee appointed over any of its assets, the Organisers shall be at liberty to terminate forthwith the contract with the Exhibitor and the terms and conditions relating to cancellation of space set out in clause 11.2 shall apply.

 

14. Force majeure

14.1 If the event is abandoned, cancelled or suspended in whole or in part by reason of war, fire, national emergency, labour dispute, strike, lock-out, civil disturbance, inevitable accident, the non-availability of the venue or any other cause not within the control of the Organisers, the Organisers may at their entire discretion, repay the space rental paid by the Exhibitor, or part thereof, but shall be under no obligation to do so. The Organisers shall be under no liability to the Exhibitor in respect of any actions, claims, losses (including consequential losses), costs or expenses whatsoever which may be brought against or suffered or incurred by the Exhibitor, as the result of the happening of such an event.

14.2 It is recommended that Exhibitors take out appropriate insurance against cancellation.

 

15. Data Protection

15.1 By submitting registration details, Exhibitors agree to allow FS and companies associated with the event to contact you as required for the organisation and administration of the event.

15.2 The contact details of registered Exhibitors will be placed on the Exhibitor list. This list will be provided to sponsoring companies and may be provided to all Exhibitors and Delegates for them to see who is at the event for the purpose of networking and meetings. Exhibitors who do not wish to be included on this list should advise at the time of booking.

 

16. Confidentiality

16.1 The Exhibitor shall during and after termination or expiry of the Contract keep confidential all information acquired from the Organisers, which is not in the public domain, which becomes known to the Exhibitor in connection with the Contract.

 

17. General

17.1 Each Exhibitor shall be deemed to have full knowledge of the Terms and Conditions and is bound by them in all respects.

 

Contact details:

Any questions or notifications should be directed to the FS event’s team: welove@coolshitinsa.co.za