TERMS OF USE

Welcome to www.gigster.co.za ("Service" or "Site").

GENERAL

Gigster Online (Pty) Ltd (hereafter referred to as “www.gigster.online”) is a private company incorporated in accordance with the laws of the Republic of South Africa, with registration number 2015/254908/07. The company’s shareholders are AC Bruwer (t/a Five Seasons Entertainment) and Sales Acumen Solutions (Pty) Ltd.

www.gigster.online is an online platform for the booking of live entertainment and acts (“Performers”) to perform at venues and events. The platform markets Performers on its public interface, introduces Performers to Customers (collectively “Users”), and offers booking and contracting tools to assist performers with the creation and conclusion of a professional booking agreement between themselves and their customers. The public interface offers customers a substantial roster of performers and acts – all of which have been vetted by an industry professional. The online roster itself is designed to guide potential customers to find suitable entertainment through relevant categorization and well-presented marketing material.

By accessing and/or using this site, and / or clicking “Enquire”, “Book”, “Submit” or “Login” on any of the pages on this site, you agree to comply with and to be bound by the terms and conditions set out on this page. Do not use or access our services if you are under the age of 18, or if you do not agree to be bound by these terms and conditions.

MODIFICATIONS OF THESE TERMS OF USE

www.gigster.online may make future modifications or deletions to the Terms of Use, information, graphics, features, functionality, services, and links at any time without notice and the User’s subsequent access or use of the Site and/or the submission of an enquiry or the conclusion of a booking with a performer will constitute the User’s agreement to such modifications or deletions. Users agree to accept and be bound to the Terms of Use and associated notices which are in effect when using the Site.

WHAT IS WWW.GIGSTER.ONLINE?

www.gigster.online is a platform that allows Performers (which can be a Performer him/herself, a performer’s professional manager or a performer’s designated www.gigster.online booking manager) and Customers (which can be a private individual or a company representative) to interact, consult, arrange and book live entertainment for events.

WARRANTS

Unless specifically indicated, www.gigster.online does not provide any general warrants with regards to the site itself, services provided as a result of using www.gigster.online or performers that are listed on the site nor with regards to agreements and payments or related settlements. www.gigster.online may at our sole discretion, reject applications from performers who do not meet www.gigster.online’s requirements. It is however understood that www.gigster.online has no affiliation with performers or their agents, that are listed on the site, and does not have control over the accuracy or relevance of the performer’s listing.

RESPONSIBILITIES, ACCOUNT TERMINATION AND SUSPENSION

It is the responsibility of the Performer and the Customer to ensure the smooth running of events booked on www.gigster.online. www.gigster.onlinedoes not partake in the communication that takes place or monitors information that is exchanged between customers and performers, and does not take responsibility for a customer’s choice of performer, the content and terms of any quotation or booking agreement entered into by a customer and performer, or the delivery of the performance and/or the conduct of the performer and/or the customer at an event. Although www.gigster.online regularly monitors the response rate and ratings of performers and encourages performers to adhere to a fast response time and clear and transparent communication, www.gigster.online has no control over when and in which manner a performer responds to an enquiry. Notwithstanding the foregoing, www.gigster.online reserves the right, but is not obliged, to remove a performer’s account if the performer consistently fails to respond timeously, is consistently poorly rated or if it is brought to www.gigster.online's attention that a performer has misrepresented itself or has been guilty of misconduct.

www.gigster.online has the right to suspend or terminate the account and/or listing of, to block from using this site, and/or to take legal action against any user whom we suspect has engaged in fraudulent activity or misrepresentation in connection with the Site, or acquired or attempted to acquire any code, sample documents or intellectual property associated with the site, the booking platform or any associated materials, tools, documents or text. www.gigster.online similarly reserves the right to terminate any the account of any user suspected of acting in an unprofessional or inappropriate manner during any aspect of user interaction, which includes without limitation: registration, Client-Performer communication and vice versa, booking negotiation, financial settlement, and service / performance delivery.

WWW.GIGSTER.ONLINE ENQUIRY / BOOKING

By submitting an event booking enquiry on this site, the Customer agrees that his/her relationship with the Performer was facilitated by www.gigster.online, and that the booking of the Performer for the event will be concluded on the www.gigster.online platform. Even if the Customer subsequently contacts the Performer via different means, the submission of an event booking enquiry on www.gigster.online implies that the Performer was introduced to the Customer by www.gigster.online, and as such, any booking that takes place as a result, should be a www.gigster.online booking. www.gigster.online does not charge the customer a fee for its services, instead, the Performer will pay www.gigster.online a pre-determined commission from the contract fee.

PAYMENTS, PRICES AND VALUE ADDED TAX

Unless otherwise agreed by all concerned, a booking is only confirmed once payment has been received. A payment schedule will be supplied as part of the booking agreement, when a performer and customer conclude a booking. Payments are strictly done via electronic funds transfer and no cheques or cash payments are accepted. All payments must be made in the invoiced currency, be for the exact total amount that is invoiced, including any finance charges or bank costs on special payments international money transfers that may be applicable and are reflected on the invoice. While many performers on this site may be registered for Value Added Tax (VAT), a portion of the performers are not VAT accredited vendors and their quoted / contract fee do not automatically include VAT. The amount of VAT included in the price(s) quoted on the www.gigster.online platform will be specified in all relevant correspondence.

THE PAYMENT PROCESS

Agreements generated by the platform are between Customers and Performers. www.gigster.online facilitates agreements and payments between Customers and Performers. Customers are required to pay deposits to www.gigster.online as well make final payments to www.gigster.online who in turn settles amounts with performers.

NO PARTNERSHIP, AGENCY OR AFFILIATION

Unless stated otherwise by www.gigster.online, it is understood that www.gigster.online is not the partner, agent, in a joint venture, or otherwise an affiliate of any user of the Site.

SITE CONTENT OWNERSHIP

Unless otherwise noted, all content on this site, including but not limited to biographies, photographs, icons, sound files, video files, graphics, software, or any other material on this site (collectively the “content”), are either owned, used with permission, or otherwise lawfully used by www.gigster.online.

All content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not reproduce, republish, modify or distribute any contents for commercial purposes. This also pertains to any software and intellectual property contained in or implied by the site and its content. Non-compliance will represent a breach of these Terms of Use and may also constitute a violation of copyright, trademark, and other applicable laws.

For permission to use third-party materials appearing on the Site, please contact the copyright owner.

LEGAL

These Terms of Use are governed by the laws of the Republic of South Africa. The user consents to the jurisdiction of the Western Cape High Court in the event of any dispute. Users who access and/or use this Website from locations outside of South Africa, are responsible for compliance with all local laws.

These Terms of Use represent the only agreement between a Customer and www.gigster.online. When confirming a booking with a performer, the booking contract will be between the customer and the performer.

You will be liable for all legal fees or an attorney and own customer scale in the event that www.gigster.online has to engage a lawyer to enforce or defend any of its rights.

LIMITATION OF LIABILITY

Under no circumstances shall Gigster, its owners, shareholders, affiliates, employees and service providers be liable for any direct or indirect, special, incidental, consequential, punitive or exemplary damages, including but not limited to loss of profits, arising from the use of – or the inability to use - this site or any of its associated services, even if www.gigster.online has been advised of the possibility of such damages.

PRIVACY POLICY

We support the intent of the Consumer Protection Act (POPI) which governs business interactions between a seller and a buyer concerning products/services consumed in South Africa.

INDEMNITY

By using this site, you agree to indemnify Gigster, its owners, shareholders, affiliates, employees and service providers against any loss, damage, cost, liability or expenses, (including attorney fees), asserted by any third party, arising out of your use of this Site or any breach of these Terms of Use

SEVERABILITY

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

WWW.GIGSTER.ONLINE RESERVES THE RIGHT TO

• Modify these Terms of Use at any time
• Assign or transfer its rights hereunder to any third party of its choice
• Make changes the Site, including removing any content on, or functionality of feature of the Site, and/or adding new features, categories, functionalities and/or offerings;
• Change any fees or charges for using the Site;

Should you have any questions regarding these terms of use, please send an e-mail to us at info@gigster.co.za