Terms and Conditions

Terms & Conditions – Carpe Diem Media (Pty) Ltd & Voelgoed Events

Hierdie is die amptelike en voorkeurweergawe van ons bepalings en voorwaardes. Indien daar enige teenstrydighede is tussen hierdie weergawe en die onderstaande outomatiese weergawe (Complianz), sal hierdie weergawe geld.

Effective Date: 01/04/2025

1. Introduction

These Terms and Conditions (“Terms”) form a contract between you and Carpe Diem Media (Pty) Ltd (“we”, “us”, “our”). By using any part of our website or services, including Voelgoed Events, you agree to be bound by these Terms.

Carpe Diem Media (Pty) Ltd
Registration Number: 2002/002907/07
123 Hendrik van Eck Boulevard, SE6, Vanderbijlpark, 1911, South Africa

If you do not agree with these Terms, please do not use our website or services.

2. Glossary of Terms

• Voelgoed Events: The official ticketing platform for event registrations and purchases.

• Carpe Diem Media (Pty) Ltd: The company responsible for billing, invoicing, and administration.

• Voelgoed Media: The organizer of Voelgoed-branded events.

• Third-Party Host/Organizer: An external organizer using our platform to sell event tickets.

• Service Fees: Non-refundable admin or transaction costs added to ticket prices, unless otherwise required by law.

• Final Sale: A ticket sale that cannot be refunded, exchanged, or cancelled except as required by law.

• Goods: Any products (physical or digital) sold on our website.

• Content: Any information or material published on our website.

• Material Change: A significant alteration to an event, such as a change in date, venue, or key performers, entitling you to a refund under the Consumer Protection Act.

3. Key Rights and Notices

• For third-party events, Carpe Diem Media (Pty) Ltd acts as agent for the event organizer. The organizer is responsible for event delivery and handling queries/refunds, but we assist as payment and ticketing agent.

• Your statutory rights under the Consumer Protection Act (CPA), Electronic Communications and Transactions Act (ECTA), and Protection of Personal Information Act (POPIA) always apply.

• All service fees are displayed at checkout and are non-refundable, except as required by law.

• We use analytics and marketing tools to improve our services and provide curated marketing (see Section 12 and our Privacy Policy).

• South African law governs these Terms and all transactions.

4. Application & Scope

These Terms apply to all use of our website, all sales of goods, digital products, and all ticket purchases, including for events hosted by third-party organizers.

5. Event Ticket Sales & Marketplace Terms

5.1 Agency & Organizer Disclosure

For third-party events, we act as the payment and ticketing agent for the event organizer, who is contractually obligated to comply with the CPA, ECTA, and POPIA. The organizer is responsible for event delivery, refunds, and event-specific queries. For Voelgoed Media events, we are the organizer and responsible for the event.

5.2 Service Fees

Service fees are non-refundable except where the CPA requires a full refund. If a Voelgoed Media or third-party event is cancelled or materially changed due to reasons within our or the organizer’s control, you are entitled to a full refund, including service fees, within 14 days, as required by law.

5.3 Ticket Sales, Refunds & Final Sale Policy

All ticket purchases are considered Final Sale. Per Section 42(2)(h) of the ECTA, the 7-day cooling-off period does not apply to event tickets, as they are services for a specific date. Tickets cannot be refunded, exchanged, or cancelled except as required by the CPA or as stated on the event page.

If an event is cancelled or materially changed (e.g., change in date, venue, or key performers), you may be entitled to a refund as provided by law, processed within 14 days.

For Voelgoed Media events, we will make reasonable efforts to reschedule or issue a credit/refund (including service fees if required by law) within 14 days.

For third-party events, refunds or credits are the responsibility of the event organizer, but we will facilitate communication and process refunds from funds held, as required by law.

If an organizer becomes insolvent, refunds are limited to funds held by us, and we are not liable for organizer financial failures.

5.4 Withholding, Offset, and Chargebacks

We may withhold, delay, or offset payments to organizers in cases of cancellations, material changes, fraud, chargebacks, or unresolved customer claims, and remit refunds to customers as required by law. Chargeback fees may be deducted from organizer payouts or, in cases of consumer fraud, passed to the consumer.

In the event of a chargeback, tickets may be cancelled and access denied.

5.5 Dispute Resolution

Submit ticket or event-related disputes in writing to [email protected]. We will respond within 5 business days and, for third-party events, we will refer your query to the organizer and have them to respond within 7 business days. If unresolved, you may escalate to the National Consumer Commission or other relevant authority.

5.6 Ticket Transfer & Resale

Tickets are non-transferable unless explicitly allowed on the event page. Where permitted, transfers require verification of the new attendee’s identity. Contact us for details.

5.7 Age Restrictions

Some events have age restrictions, which are stated on the event page. Organizers (or we, for Voelgoed Media events) may verify age at entry. Entry may be refused if you do not meet the requirements, with no refund unless required by law.

5.8 Digital Content and Webinars

Digital products and webinars are accessible via our website or third-party platforms, subject to these Terms. Access may be streaming-only or downloadable, as specified on the product page. Refunds are available only for non-delivery or significant technical issues, as provided by law or stated on the product page.

Per ECTA Section 44, the 7-day cooling-off period is waived once you begin to download, stream, or access digital content. By proceeding, you acknowledge this waiver.

5.9 International Sales

We primarily serve South African customers. If you purchase from outside South Africa, you are responsible for compliance with local laws and taxes. Disputes are governed by South African law and courts, as per Section 15.

5.10 Fraud and Takedown

We may suspend or reverse payments to organizers in cases of fraud, misrepresentation, or customer complaints, and provide information to law enforcement as required. We conduct due diligence on organizers to ensure they are reputable.

If you believe any event listing or content infringes your rights, contact us at [email protected]. We will investigate and remove content if necessary.

6. General Sales Terms for Goods

6.1 Orders and Availability

All orders are subject to acceptance and availability. We may decline to supply goods at our discretion. If goods are out of stock, we will offer alternatives or allow cancellation.

6.2 Price and Payment

Prices are clearly set out on our website and include VAT. Payment must be made in full before dispatch. Prices may change, but you will never be charged more than agreed at checkout.

6.3 Delivery and Pick Up

Goods are delivered within 3–5 working days in South Africa unless otherwise stated. Delivery dates are estimates, and we are not liable for delays except as required by law. If you pick up goods from our premises, you are responsible for transport, and risk passes at collection.

6.4 Foreign Taxes and Duties

If you are not in South Africa, you are responsible for compliance with your country’s import laws and taxes.

6.5 Returns and Defective Goods

We comply with the CPA for returns and defective goods. You may return defective goods for repair, replacement, or refund within 6 months, as required by law. Contact us at [email protected] before returning goods.

6.6 Cooling-Off Period for Goods

Per ECTA Section 44, you may cancel purchases of physical goods within 7 days of receipt, without reason or penalty, by notifying us at [email protected]. You are responsible for the direct cost of returning goods. Refunds will be processed within 14 days of cancellation.

6.7 Cooling-Off Period for Direct Marketing

Per CPA Section 16, for goods or digital content purchased via direct marketing (e.g., email or social media campaigns), you may cancel within 5 business days by contacting [email protected]. A full refund of the purchase price will be processed within 14 days.

7. Electronic Transactions

Per ECTA Section 43, we provide:

• Full business details (Section 1).

• Secure payment processing via SSL encryption.

• An opportunity to review and correct your order before confirmation.

• For complaints, contact [email protected].

8. Account Registration & User Responsibilities

You agree to provide accurate, up-to-date information and maintain the confidentiality of your account and password. Notify us immediately at [email protected] if you suspect unauthorized use.

9. Restrictions on Use and User Content

You agree not to post or transmit content that is unlawful, defamatory, offensive, or infringes intellectual property rights. We may remove content that breaches these Terms.

10. Intellectual Property

All content on our website is owned by us or our licensors. You may not copy, reproduce, or exploit content except as permitted by these Terms or with our written consent.

11. Privacy, Data Protection, and POPIA Compliance

We store customer information with POPIA-compliant third-party providers (e.g., Brevo). Data is shared with event organizers solely for event administration unless you explicitly consent to marketing communications from them. If data is transferred internationally (e.g., to analytics providers), we comply with POPIA Section 72.

In case of a data breach, we will notify affected customers and the Information Regulator within a reasonable timeframe, per POPIA Section 22.

See our Privacy Policy for details on your rights to access, correct, or request deletion of your data.

12. Marketing and Communications

During registration or checkout, you may opt in to receive marketing communications (e.g., email newsletters, event updates, promotional offers). You may unsubscribe at any time via the email’s unsubscribe link or by contacting [email protected]. Opt-out requests are processed within 48 hours.

We use cookies and analytics tools (e.g., Google Analytics 4, Facebook Pixel) to collect data like browsing behavior, as detailed in our Privacy Policy, in compliance with POPIA and ECTA.

Even if you opt out of marketing emails, you may still receive service-related communications (e.g., order confirmations, event reminders, or important legal notices).

13. Indemnity

You agree to indemnify us against claims, costs, and expenses arising from your breach of these Terms, unlawful conduct, or use of our website. Third-party organizers indemnify us for losses arising from their failure to deliver events or comply with applicable laws.

14. Limitation of Liability

Except as required by law, our liability is limited to the amount you paid us in the preceding 12 months for the relevant goods or services. We are not liable for indirect, consequential, or economic loss. For third-party events, all liability for event quality, safety, or cancellations rests solely with the organizer.

15. Amendments

We may update these Terms from time to time, with the current version published on our website. Continued use after changes constitutes acceptance of the new Terms.

16. Jurisdiction and Governing Law

These Terms are governed by South African law. Disputes are subject to the jurisdiction of South African courts.

17. Severability

If any part of these Terms is invalid or unenforceable, the rest remains in effect.

18. Contact Information

For queries, complaints, or requests:
Email: [email protected]
Physical Address: 123 Hendrik van Eck Boulevard, SE6, Vanderbijlpark, 1911, South Africa

19. Miscellaneous

No failure or delay by us in exercising any right waives that right. No third party has rights under these Terms except as stated. We and third-party organizers are not liable for failures due to events beyond reasonable control, including but not limited to natural disasters, pandemics, government regulations, strikes, or power outages.

20. Accessibility

We strive to make our website accessible to all users, including those with disabilities, in compliance with applicable standards.

By using our website and services, you acknowledge and agree to these Terms and Conditions.

Last updated: 01/04/2025