Zishapp terms of use of our Event App

Contents

Definitions
For Event Organisers
For Event Attendees
Modification of Terms of Use.
Rules and Conduct.
Event Attendees
Event Organisers
Registration
Fees and Payments – General
Fees and Payments – Event Attendees
Fees and Payments – Event Organisers
Refund policy

Cancellations
Withdrawals

Zishapp Terms of use

Effective from: 27 January 2020
Welcome to Zishapp of Vita Business Solutions (Pty) Ltd (“Zishapp”). Zishapp is a trademark owned by Vita Business Solutions (Pty) Ltd (“the Company”). Zishapp also refers to the Company.

This Agreement sets out the terms that govern your use of Zishapp’s products and services, including your use of the Website www.zishapp.com (the “Site”) and the service owned and operated by the Company, including any mobile software applications offered or published by the Company (collectively with the Site, the “Service”). By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms of Use. These Terms of Use apply to all users of the Site or Service, including users who are also contributors of content, information, and other materials or services on the Site. You confirm that you are either 18 years of age or older, or possess the necessary consents to agree to these terms.

Important Notice: Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. Please pay particular attention to these terms before you accept them.

Definitions

Zishapp/Vita Business Solutions will be referred to as (“us”, “we”, “the Company and/”our”).

“Content” includes, without limitation, any Event Submissions, Logos, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.

Event organiser/”you”/”your” will be referring to an individual who created an account to publish information about the event that they will be hosting and are fully responsible for.

An event attendee/”you”/”your” will be referring to an individual who created an account with Zishapp for buying tickets to attend the published event.

An event refers to a planned public or social occasion with a fixed location and duration.

General

The digital ticket for mobile phones is a new service that allows you to use your mobile phone as a ticket in order to enter event venues smoothly.

The Zishapp mobile application has been created to (a) Allow event organisers to share details about their event, (b) To allow event organisers to sell and track their digital tickets online, (c) to allow event attendees to buy digital tickets.

For Event Organisers

An event organiser is a Company/ Brand/ Institution or an individual who create an account as an event organizer with Zishapp. They agree to the terms and conditions for posting events and selling digital tickets through Zishapp. Event organisers also have all the features of an event attendee.

For Event Attendees

An Event attendee is a Company/ Brand/ Institution or an Individual who creates an account as an event attendee with Zishapp. They agree to the terms and conditions for purchasing, attending and reviewing events posted by Event organisers.

Modification of Terms of Use.

The Company reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any event, database, or content) at any time by posting a notice on the Site.. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Notwithstanding the preceding provisions of this section, no modifications to these Terms of Use will apply to any dispute between you and Company that arose prior to the date of such modification.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. The Service (including, without limitation, any Content) is provided only for your own personal, non-commercial use (except with respect to event organisers selling tickets or publishing any content as authorized through the Service).

You are responsible for all of your activity in connection with the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; exploits people in a sexual or violent manner;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
Impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Mail list, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, provincial, national and international laws and regulations.

Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, the Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

The Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.

Event Attendees

As a condition to using certain features of the Service (including, without limitation, the free download feature, or making a purchase from the Company or an Event organiser), you may be required to provide certain personal information to Company or Third party integration services, such as your e-mail address, country of residence and Province.

You may register with the Company as an Event Attendee and create a user account (“Event Attendee Account”), which will allow you to access certain features of the Service that are only available through Event Attendee Accounts, such as Events, a profile page that lists your history of purchases of Events along with information that you choose to share about yourself, and the ability to follow Event Organisers. Your history of purchases of Event Tickets, and any information you provide for your profile page will be available to Event Organisers you bought from by default, subject to our Privacy Policy. The users can communicate with each other via the service’s massage platform, you further acknowledge and agree that Zishapp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Event Organiser’s use of Information you share. Zishapp will also not be responsible for what arises in case you choose to share your personal information with users via the messaging platform.

Event Organisers

In connection with certain features of the Service, you may have access to certain types of Event Attendee Information. As a condition to receiving such information, you acknowledge and agree that you will not disclose, rent, or sell any Event Attendee Information to any third party, and you will use the Event Attendee Information only in connection with the Event Subscription, in order to provide Event Attendees with general information and news about the Event Organiser, such as upcoming Events. You further agree that any communication sent in connection with the Event Subscription/Purchase will comply with e-mail marketing laws and include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning “opt-out” mechanism).

Registration

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name (“Username”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Company account.

You shall not (i) select or use a Username or Business a name of another person with the intent to impersonate that person; (ii) use a Username or Business name that is subject to any rights of another person or a company other than you without appropriate authorization; or (iii) use a Username or Business name that is otherwise offensive, vulgar or obscene. The Company reserves the right to refuse registration of, or cancel a Username and Business name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payments – General

Zishapp facilitates payments for purchases of Content including digital Content made available through the Service (“Digital Tickets”). Each such purchase is a “Transaction,” each Transaction involving Digital Ticket is a “Digital Transaction,” Transactions may be made using Instant EFT, Credit Card or Cash which is done via our Third party integration services, detailed here.

Instant EFT is a payment service that allows you to pay via EFT without the hassle of a waiting period or additional fees. Zishapp integrated a payment gateway from OZOW which is an Instant EFT payment option available to all customers who bank with Capitec, ABSA, First National Bank, Investec, Nedbank or Standard Bank. The user’s details are not stored in Zishapp servers nor OZOW servers as this is facilitated through the payment gateway effectively using the user’s bank.

Credit Card payments will require the user to enter their name and card details, all this is done via our third party Netcash.

Cash payments will be done using Scode intergration from Netcash, this gateway will allow users to buy tickets using Zishapp and pay for the tickets at selected retail stores such as Shoprite, Checkers, Boxer, USave and the Post Office just to name a few. Users can choose receive the Scode which they will present to the cashier via SMS/Email as well. Please note that Cash Payments take longer to reflect, therefore users are encouraged to buy tickets 24 hours before the event if they are paying Cash and keep their receipt in case it is not reflected in time.

Fees and Payments – Event Attendees

You may purchase Digital Tickets from an Event Organiser through the Zishapp mobile app.

All sales of Digital Tickets are final (except where prohibited by law), unless otherwise determined by Zishapp. If you do not receive the Digital Ticket or otherwise have an issue with the Digital Ticket delivered, please contact Zishapp with your request and proof of payment, and we will notify the relevant Event organiser and work with them to resolve your issue. At Zishapp’s sole discretion, you may be credited or refunded for the Digital Ticket. However, you understand and agree that Zishapp is a platform that Event Organisers use to sell their Event Tickets, and the Digital Ticket is derived from files provided by the relevant Event Organiser, and the relevant Event Organiser is solely responsible for such files, these include the images used, the time of the event and the venue, all these are used to generate the Digital Ticket via QR code.

Your total price for a Digital Ticket will be based on the price set forth by Event organizer, Zishapp does not set or alter the ticket price.

If we are required by law to deny access through the Service to previously purchased Tickets, including by removing access to Tickets from a user’s personal collection through any mobile application, then the Company and Event Organiser will not provide the Event Attendee who purchased that Content with a refund directly to their bank account, except as required by applicable law, But Zishapp will refund the Event Attendee via a Digital Currency equivalent to the price of the Ticket, this will reflect on your Zishapp Wallet Balance. This will be used to buy another ticket that costs the same amount. You will not be able to purchase a ticket that is more than the amount you have on your wallet. You warrant that if you enter into a Transaction, then you shall be able to make full and immediate payment for the requested Ticket.

Fees and Payments – Event Organisers

You will set the prices for your Tickets that are charged through Transactions via the Event Submission Process, and you may change the Prices at your sole discretion before the Tickets are bought. Notwithstanding the preceding sentence, Zishapp may redistribute previously purchased copies of your Tickets to users who have, in Zishapp’s sole determination, received a corrupted QR code or suffered a loss of your Ticket through a mobile application failure, Cell phone damage, theft or destruction, on a no-fee basis to the Event Attendee (i.e., the Event Attendee is not charged a new fee for the redistribution). Such redistribution may be effectuated by allowing an Event Attendee to re-download a replacement copy themselves. In the event of any of the foregoing redistributions, no additional payments shall be made to you for such redistributions.

The Company shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share/ Service fee”), which shall be calculated on your gross revenue from Transactions, not including any Transactions for which you or we provide a refund, in accordance with the rate set by Zishapp on the invoice. The current rate of service is 12% all inclusive. Zishapp pays for bank charges incurred during this withdrawal. You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any credit card transaction fees (together, “Fees”), bad debts (such as credit card returns or fraud), disputed payments, and refunds, except as provided in this Agreement.

Zishapp may withhold any taxes, duties, charges or levies on payments by Zishapp to you pursuant to this Agreement as may be required by applicable law, rule or regulation. Zishapp shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority.

For Digital Tickets Zishapp will collect the purchase price. Zishapp will pay you the gross proceeds we receive from the sale of Digital ticket, minus the applicable Service fee.

When you receive a payment for Digital Tickets, you are liable to Zishapp for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees if there is a chargeback, a dispute, or if there is a reversal of the payment. You agree to allow Zishapp to recover any amounts due to Zishapp by debiting your account or withholding any Withdrawal request. If there are insufficient funds to cover your liability, you agree to reimburse Zishapp through other means.

The Company retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, or inaccurate listings otherwise prohibited by the procedures and guidelines contained on the Site/App, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site. Company may immediately halt the offering or sale of Digital Tickets upon receipt of notification of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services, this includes posting an event in a venue without getting venue permission to hold the event on the venue at the published date.

Refund policy

A refund for a ticket can happen in the following cases.

The event organiser has issues with the organisation of the event and thus has to cancel the event and refund all the people who had purchased the tickets to his/her event.
The event attendee is unable to attend the event due to personal/event related issues, the event attendee can cancel his ticket to this event, cancellations 48 hours before the event start time.

Due to the nature of the business and the amount of bank costs/admin associated with refund, Zishapp has a policy that needs to be read before purchasing a ticket(s) or selling a ticket(s). The implications are as follows.

Event Attendees

Zishapp does not automatically refund payments made for cancelled tickets back to your payment provider. Funds from ticket cancellations are returned to the attendee’s Zishapp Wallet and are available for future purchases on Zishapp, if ever there is a need for these to be made directly to your account one can make a request to Zishapp however bank charges will have to be credited for this special request. Requests can be sent to accounts@zishapp.com. Please note that the event attendee will not be able to cancel a ticket 48hours prior to the event, users who buy tickets within this period will also not be able to cancel the ticket purchased.

Event Organisers

If an event organiser cancels an event, all the event attendees will have to be refunded at no costs to the event organiser.

Cancellations

Events have challenges and thus event organisers or attendees might need to cancel the event or a ticket purchased. Zishapp policy on event cancellation is as follows.

Event organisers can cancel an event as mentioned above at no additional costs.

Event attendees can also cancel a ticket purchased 48hours prior to the event, this will only make them liable to the bank charges incurred by Zishapp in case they want the funds deposited to their bank accounts, however if the funds will remain on their Zishapp Wallet then they will not be liable to any costs, they will be able to purchase tickets later using the same funds.

Withdrawals

After the event finish date stipulated on the event details submitted by the event organiser has elapsed, the event organiser can navigate to “My earnings”, select the event and select “$Withdrawal” , If this is the first time such a request is made, bank details will be required.

Once the request has been submitted, it cannot be undone. If there is no complaints from event attendees who purchased tickets saying the event did not happen, Zishapp will issue an invoice detailing the number of tickets sold and the revenue made from the event. Zishapp will also stipulate the service fee charged for using the Zishapp service. Funds will be deposited to the event organiser’s account and the turnaround time is estimated between 24-48 hours.

Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of one day after the order is marked as complete.
Withdrawals can only be made in the amount available to you
Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.