Terms and Conditions for Fitchfork.com

Updated August 2018

1. Website Terms and Conditions of Use Relating to www.fitchfork.com

This website can be accessed at www.fitchfork.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Roygenix (Proprietary) Limited registration number 2014/246817/07  (“Fitchfork”, “we”, “us” and “our”).

These Terms and Conditions (“the Terms and Conditions”) govern every person's (“you”, “your”, “user”, “host”, “artist”) use of the Fitchfork (“Provider”) website located at the domain name www.fitchfork.com (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

Human-readable summary of section 1: These terms, create a contract between you and Fitchfork. The contract governs your use of the Fitchfork website. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

Human-readable summary of section 2: By using Fitchfork or communicating with us/ through us via email, messaging, etc. you agree that it is legally binding and can be used as a legal document.

3. E-Commerce & Privacy

The Website www.fitchfork.com is offering a way for Hosts to connect with Artists, and for those Hosts to express interest in booking the Artist for a private event online.  The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ host indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the services sold on the Website.

The private information required for executing the bookings reserved through the online booking facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the event address and contact phone number will be made known to artists providing a service.  Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of inadequate virus protection software or spyware that the User may have installed on their devices.

Human-readable summary of section 3: Fitchfork is not responsible for the artists on the site, your use of their services, or for their conduct on/off our site.

Personal information is not sold to or shared with any companies. Credit card details are not saved on Fitchfork's servers ever.

Fitchfork cannot be held liable if your personal devices get hacked.

4. Online Payment – MyGate Payment Gateway

All online credit card payments are processed by the MyGate Internet Payment Gateway.  Card Holders may go to www.mygate.co.za to view MyGate’s security policies.

Human-readable summary of section 4: Fitchfork does not process credit card payments. We trust the people at MyGate to do that because they specialize in it.

5. Refund and Return Policy

The amount of your refund is determined by the time frame between the event and the cancellation of the booking, minus service fees.
Get 100% refund for cancellations up to 14 days of your event.
Get 50% refund for cancellations within 14 days of your event.
Cancellations within 7 days of your event are non-refundable.

If your artist lets you know that they can't perform at your event anymore, don't cancel with them. If you cancel you may not be eligible for a full refund depending on the time of the cancellation.

Instead, send your artist a cancellation request to make sure you receive a full refund.

Any complaints regarding the standard and quality of the services acquired by hosts through the online booking facility should be directed to the thepeople@fitchfork.com

Human-readable summary of section 5: Refunds are determined by how late you cancel the booking. You will get some or all of your money back minus any service fees.

If the artist notifies you that they can't perform at your event let them cancel the booking so that you can receive a full refund.

Any complaints should be directed to the email box listed above.

6. Updating of these Terms and Conditions

Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Human-readable summary of section 6: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

7. Copyright and Intellectual Property Rights

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Human-readable summary of section 7: Please let us know if you find copyright infringing content on our websites.

8. Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Human-readable summary of section 8: Fitchfork is not responsible for the content on the site, your use of our services, or for the conduct of others on our sites.

9. Privacy:  casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Human-readable summary of section 9: Fitchfork aggregates the number of people visiting the website by collecting their IP addresses for statistical purposes only. Please read our Privacy Policy. It is part of these terms, too.

10. Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Human-readable summary of section 10: Any legal questions/complaints/claims regarding this Agreement are under South African law and nonexclusive jurisdiction of South African courts.

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