These terms make reference to sections of the Electronic Communications and Transactions Act, 25 of 2002 (hereinafter “the ECT Act”), a copy of which may be obtained at http://www.internet.org.za/ect_act.html.
Your use of this website shall at all times be subject to these terms of use, as may be amended from time to time. It is your responsibility to continually stay abreast of changes to these terms.
ThatGig provides a user-friendly and secure online booking facility that will enable you to find exactly the right performing artist or band for all kinds of events. With search criteria ranging from Artist Type, Location, Instrument and Genre, it is really easy to pinpoint an artist or band. Once you have located an artist, you can proceed to make a booking for the event. ThatGig provides a secure online booking system that will guide you through the steps of requesting a booking, accepting a quote, and paying online. ThatGig services includes the following:
1) Online Booking of Performing Artists
2) Secure Online Payments
3) Manage your own GigSpace which include:
3.1) Artist Profile and Photo
3.2) Album, Audio and Video Management
3.4) Picture Gallery
3.5) Artist Journal
4) Manage your own Gig Guide
5) Exposure on global Gig Guide
6) Artist Booking Management
7) Artist Fan Club Management (E-Mail & SMS)
3.1 The use this website is at your own risk.
3.2 Whilst we endeavor to ensure that the information on this site is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published on this website.
3.3 The information on this website is intended for general information purposes only and is not intended to serve as financial, legal or other advice.
3.4 TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM LIABILITY FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGH THIS WEBSITE, WHETHER DIRECT OR INDIRECT INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
In terms of section 86 of the ECT Act you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this website or to otherwise interfere with the proper functioning thereof.
5.1 The proprietary information on this website may be downloaded or printed for your own non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to us.
5.2 All rights not expressly granted in terms of these terms of use are reserved. Any use of our proprietary information by you, otherwise than expressly authorised in terms hereof, may violate copyright laws, trademark laws and other regulations and statutes and be liable for criminal prosecution and/or civil liability.
5.3 In respect of any submitted data, which shall include, without limitation, information, data and media:-
5.3.1 you agree to extend to us a perpetual, royalty-free licence to publish such submitted data on our site;
5.3.2 we will be entitled to treat such submitted data as non-confidential; and
5.3.3 you warrant and represent that submitted data shall not infringe any party’s rights or contravene any applicable legislation.
6.1 We will not disclose any personally identifiable or payment-related information (collectively “personal information”) to third parties without obtaining your prior consent.
6.2 We shall however not be prohibited from making personal information available within our group of companies or to our marketing agents for marketing purposes, subject thereto that such parties agree to observe the provisions of clause 6.1 above.
7.1 You may not establish a link to this website from a third party site, unless:
7.1.1 The link does not imply any association, endorsement or sponsorship by us of such website or any products or services offered on such site.
7.1.2 The linked pages from the website are displayed without alteration of any kind; specifically, you may not cause a user's web browser to display a "framed" version of this web site in response to activating a link.
8.1 Other than bona fide public search engines, you may not access any pages in this website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.
8.2 You may not in any manner resell this service, unless expressly authorised to do so in writing.
9.1 Any communication or material you transmit to us by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by us, unless expressly agreed otherwise in writing.
9.2 Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response.
9.3 Electronic communications, including all attachments thereto, transmitted to you by us are subject to the following specific terms:-
9.3.1 Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful.
9.3.2 Whilst we employ virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. You are accordingly advised to employ your own virus scanning tools.
9.3.3 The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.
Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.
11.1 Subject to clause 9.3 below, this Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. The parties agree that the High Court of South Africa, Cape Division, shall have exclusive jurisdiction to hear any disputes that may arise from this Agreement.
11.2 For the purpose of all proceedings hereunder the parties consent to the jurisdiction of the magistrates’ court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring upon the said court pursuant to section 45 of the Magistrates’ Court Act, 1994, provided, nevertheless, that any party shall have the right at its sole option and discretion to institute proceedings in any other competent court.
12.1 We reserve the right to revise these terms of use at any time, with the revised terms taking effect as of the date of its posting.
12.2 A certificate signed by the administrator of this website shall be prima facie proof of the date of publication and contents of any version of these terms that may be applicable to a dispute or otherwise.
In the event that we take action against you for breach of these terms of use, you agree to reimburse us for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.
14.1 The following information is disclosed in terms of section 43 of the ECT Act and section 51 of the Companies Act, 61 of 1973:-
| Full name and legal status | ThatGig (Pty) Ltd |
| Registration number | 2007/001847/07 |
| Names of office bearers | JL van Eeden, G van Zyl |
| Place of registration | Republic of South Africa |
| Physical address | 4 Herold Street Stellenbosch, South Africa |
| Telephone number | 27 21 882 9070 ext 204 |
| Website address | www.thatgig.com |
| E-mail address | |
| The physical address where we will receive legal service of documents | 4 Herold Street Stellenbosch, South Africa |
Unless otherwise provided for in these terms or by applicable law, ThatGig’s standard conditions of sale govern the sale of any goods or services. A copy of these terms may be obtained from the following Internet address, or requested at the details set out in clause 14 above:
Unless otherwise provided for in these terms or by applicable law, ThatGig’s Internet exhibition and distribution licensing agreement govern the exhibition and distribution of content and media. A copy of these terms may be obtained from the following Internet address, or requested at the details set out in clause 14 above:
Internet Exhibition and Distribution Licensing Agreement
Unless otherwise provided for in these terms or by applicable law, ThatGig’s download service terms and conditions govern the download service. A copy of these terms may be obtained from the following Internet address, or requested at the details set out in clause 14 above:
Download Service Terms and Conditions
The processing of online payments via our website is outsourced by us to a secure third party payment gateway provider acceptable to our bankers and may be subject to additional terms published by said payment gateway provider during the payment process. As such, we do not store any sensitive payment-related information (such as credit card details) on our website.
19.1 Unless otherwise agreed, we will execute your order within 30 calendar days from the date of receipt thereof.
19.2 Should any goods that have been ordered be unavailable, we will immediately notify you thereof, in which event we will reimburse you in respect of any payments made within 30 days from the date of said notification unless we agree otherwise.
19.3 An automated invoice will be sent to you upon successful completion of an electronic transaction, which will contain details of the transaction.
19.4 Under no circumstances will we accept returns or exchanges of goods or services, or entertain requests for refunds, except:-
19.4.1 as may otherwise be provided for in clause 16 below; or
19.4.2 in the case of incorrect fulfillment of your order or breakage by us or our agents, subject thereto however that you notify us within 7 calendar days from the date of delivery.
20.1 For purposes of this clause:-
20.1.1 “consumer” means any natural person who enters or intends entering into an electronic transaction with us as the end user of the goods or services offered by us though this website; and
20.1.2 “affected transaction” means the provision of goods or service by us to you via this website of goods and/or services not falling within the list of goods and/or services exempted from the consumer protection provisions contained in the ECT Act in terms of section 42(2).
20.2 Consumers may return to us without penalty any goods and/or services purchased in terms of an affected transaction within 7 calendar days from the date of delivery to you, provided that:-
20.2.1 such goods and/or services are returned in their original state; and
20.2.2 you will be liable for the actual costs or returning the item.
21.1 Should either party instruct legal representatives to take any steps to enforce any rights in terms of these terms arising from a breach thereof, then the breaching party shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.
21.2 You warrant your legal capacity and authority to accept these terms.
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