6. TICKET BUYER TERMS & CONDITIONS
6.1. Platform Terms
The Chepa Ticket Zone platform is made available to Ticket Buyers under the terms outlined in the Chepa Ticket Zone Ticket Buyer Terms & Conditions.
6.2. Terms Modification
We reserve the right to amend or modify the Chepa Ticket Zone Ticket Buyer Terms & Conditions at any time.
6.3. Additional Terms
You have the option to introduce additional terms and conditions specific to your Event, in addition to those set by Chepa Ticket Zone. Any such additional terms must be clearly displayed on your Event page within the Chepa Ticket Zone platform. However, Chepa Ticket Zone retains the right to remove or reject any additional terms if, in our reasonable judgment, they violate the legal rights of Ticket Buyers, including those protected under Zambian Consumer Law.
7. TICKET BUYER PRIVACY
7.1. Privacy Policy Compliance
Chepa Ticket Zone gathers and processes Ticket Buyer information in accordance with the Chepa Ticket Zone Privacy Policy.
7.2. Data Handling Obligations
- You must not misuse Ticket Buyers' personal information, including selling, renting, or sharing it with third parties in violation of the Privacy Act.
- You must take all necessary measures to protect Ticket Buyers' personal information from loss, misuse, or unauthorized access.
- You must comply with all legal requirements regarding the use, storage, and disclosure of such information.
- You may only use, store, or disclose Ticket Buyers' personal information for the purpose it was originally collected and in line with the consent provided at the time of collection.
- At the conclusion of this Agreement, you must securely delete all personal information unless explicit consent has been obtained to retain it for your ongoing business activities.
- You agree to indemnify and hold harmless Chepa Ticket Zone, including its officers, employees, agents, and contractors, against any claims, losses, liabilities, or expenses arising from your failure to comply with these obligations or any violation of the Privacy Act.
7.3. Location Data Collection and Use
At Chepa Ticket Zone, we value your privacy and are committed to handling your personal information, including your location data, with care and in accordance with all applicable laws. This section outlines how we collect, use, store, and share location data when you interact with our platform or related services.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Platform Ownership
You acknowledge and agree that Chepa Ticket Zone retains full ownership and control over the platform, including but not limited to its logos, text, images, source code, and other proprietary elements, except for materials uploaded by you or other users.
8.2. Usage Restrictions
- Modifying, altering, editing, adapting, disassembling, translating, reverse-engineering, or decompiling any part of the Chepa Ticket Zone platform.
- Copying or reproducing any content from Chepa Ticket Zone, except as necessary for the promotion and sale of event tickets.
- Attempting to sell, transfer, or assign any rights related to the Chepa Ticket Zone platform.
- Using the Chepa Ticket Zone name or logos for any purpose other than directly promoting the Chepa Ticket Zone platform.
8.3. Trademark Usage
Both parties grant each other a non-exclusive, royalty-free right to use their respective trademarks and names solely for ticket sales and promotion via Chepa Ticket Zone during the term of this Agreement.
9. TICKETING CONFIRMATION
9.1. Ticket Recognition
You agree to recognize and honor all tickets purchased through Chepa Ticket Zone for entry into your Event.
9.2. Purchase Confirmation
Upon completing a ticket purchase, Ticket Buyers will receive a confirmation page, an email confirmation, and a ticket upon successful payment.
9.3. Buyer Access
You will have access to a list of all confirmed Ticket Buyers through your Chepa Ticket Zone account.
10. TICKET PRICES, PAYMENT GATEWAY RECURRING COSTS AND CHEPA TICKET ZONE FEES
10.1. Price Determination
You are responsible for determining the ticket prices for all tickets sold for your Event through the Chepa Ticket Zone platform.
10.2. Booking Fees
We are entitled to receive and/or collect booking fees, as further outlined, which will be added to the ticket price ("Booking Fees").
10.3. Fee Payment
You must ensure that the Booking Fees are paid to us in accordance with Clause 11.
10.4. Processing Fees
You are liable for all payment processing fees, including but not limited to transaction fees imposed by Google Pay, Apple Pay, or any other financial institution when processing ticket payments.
10.5. Mobile Money Collection Fee
3.5% Mobile Money Collections: This charge applies when a customer makes a payment using their mobile money wallet.
10.6. Mobile Money Disbursement Fee
2.5% Mobile Money Disbursement: This charge applies when funds are moved from the merchant account to a customer's mobile wallet.
10.7. Card Collection Fee
5% Card Collections: This charge applies when a customer makes a payment using their bank card.
10.8. Card Disbursement Fee
5% Card Disbursement: This charge applies when funds are moved from the merchant account to a customer's bank account.
10.9. Bank Settlement Fee
2% Settlement to Bank: This charge applies when funds are moved from the merchant account to the business bank account.
10.10. Transfer Fees
When sending money to the ticket company's mobile wallet, the charge will be 2.5%. When sending money to the ticket company's bank account, the charge will be 5%.
10.11. Flat Rate Fee
A flat rate of K8 per transaction will be charged by Chepa Ticket Zone across the board.
11. PAYMENT & SETTLEMENT
11.1. Chepa Ticket Zone Merchant Account Processing
- We will collect all revenue generated from ticket sales received through the Chepa Ticket Zone platform ("Total Ticket Sales") and hold these funds on your behalf until the Event has concluded.
- Within 10 business days after the successful completion of your Event, we will transfer the Total Ticket Sales, minus the Chepa Ticket Zone Booking Fees, to your designated bank account.
11.2. Your Merchant Account Processing
- You may submit a written request for permission to collect Total Ticket Sales using your own merchant facility or another agreed-upon method.
- We reserve the sole discretion to approve or deny this request. As part of our decision-making process, we may require a written guarantee or other supporting documentation proving your ability to issue refunds to Ticket Buyers in the event of an Event cancellation or any other circumstance requiring refunds.
11.3. Merchant Account Conditions
- You must use Google Pay, Apple Pay, Zylne (for MoMo services), or another payment processor approved by us in writing.
- If technically feasible, we will deduct our Booking Fees directly from ticket sales at the point of processing. If this is not possible, we will issue an invoice for our Booking Fees after the Event, which must be paid within five (5) days of the Event's completion.
- You assume full responsibility and liability for any financial losses resulting from chargebacks or reversed transactions initiated by banks or credit card companies in connection with ticket purchases made through Chepa Ticket Zone.
12. REFUNDS FOR CANCELLED EVENTS OR EVENT CHANGES
12.1. Chepa Ticket Zone Merchant Account Refunds
- If your Event is canceled, or if Ticket Buyers are entitled to a refund for any other reason, and the ticket sales revenue was collected via our merchant account, we will handle the refund process on your behalf.
- In cases where we process refunds for your Event, you agree to compensate us with a reasonable refund fee, which will cover the original Booking Fee collected from ticket sales as well as administrative costs associated with processing refunds ("Refund Fee").
- You must pay the Refund Fee within five (5) days of receiving confirmation from us that refunds have been successfully processed.
12.2. Your Merchant Account Refunds
- If your Event is canceled or Ticket Buyers are eligible for refunds for any reason, and ticket sales revenue was collected through your merchant account, you will be solely responsible for handling all refunds, including Booking Fees. To clarify, we will retain (or be paid by you) all Booking Fees for tickets sold, regardless of any refunds processed by you.
- You must ensure that sufficient funds remain in your merchant account at all times before the Event to enable timely refund processing as required.
- If you operate your own merchant account, you agree to indemnify and hold us harmless against any claims, losses, or damages resulting from non-compliance with your obligations under this Agreement. This includes any claims made by Ticket Buyers, venues, or promoters concerning your Event, ticket sales, or Chepa Ticket Zone's involvement.
13. OUR RIGHT TO CANCEL TICKETS
13.1. Fraudulent Tickets
If we suspect that a ticket sold via Chepa Ticket Zone was obtained fraudulently, we reserve the right to cancel the ticket at our sole discretion. You agree to cooperate with us should we determine that such cancellation is necessary.
14. GOODS AND SERVICES TAX (GST)
14.1. GST Inclusion
Unless otherwise stated in this Agreement, all amounts payable or considerations under this Agreement are inclusive of GST.
14.2. GST Payment
If GST applies to any supply made under or related to this Agreement, the party responsible for providing payment must also cover an additional amount equivalent to the GST payable ("GST Amount"). This GST Amount is due at the same time as the payment for the related supply, subject to prior receipt of a valid tax invoice.
14.3. GST Terms
Unless stated otherwise, any terms used in this clause that have specific meanings in GST law will retain the same meaning here.
14.4. GST Responsibility
Chepa Ticket Zone functions purely as an agent in ticket sales and is not classified as the "Supplier" for GST purposes. You, as the Event Organiser, are the Supplier and bear full responsibility for all ticket sales and any other transactions made through Chepa Ticket Zone concerning GST compliance.
15. NO WARRANTIES & DISCLAIMER
15.1. Platform Disclaimer
Chepa Ticket Zone is provided "as is," with no guarantees or warranties, either explicit or implied, regarding its quality, suitability for a specific purpose, accessibility, uninterrupted use, error-free performance, security, or freedom from viruses or harmful elements. Additionally, we do not guarantee that the content on the platform will always be accurate, timely, or complete.
15.2. Content Accuracy
The platform may contain technical inaccuracies, typographical errors, or other inconsistencies. We reserve the right to modify, update, or change any materials on Chepa Ticket Zone at our sole discretion and without prior notice.
15.3. Implied Terms
Except as explicitly stated in this Agreement and to the maximum extent permitted by law, all implied terms, conditions, and warranties relating to this Agreement are excluded.
15.4. Financial Liability
Other than ticket sales revenue collected on your behalf, we are not liable for any financial loss, including but not limited to loss of profits, goodwill, customers, or any incidental, special, or consequential damages arising from or related to the provision of Chepa Ticket Zone.
15.5. Claim Limitation
If you make a claim against us in relation to this Agreement—whether under contract, negligence, or statute—our liability will be limited to the total amount paid to us by you for the relevant Event.
16. TERMINATION
16.1. Termination Conditions
- The other party commits a material breach of this Agreement that cannot be remedied, or fails to rectify the breach within 14 days after receiving a written notice to do so.
- The other party discontinues its business operations, undergoes liquidation, administration, or takes steps to appoint a receiver, trustee in bankruptcy, liquidator, or enters into an arrangement with creditors.
16.2. Surviving Clauses
Termination of this Agreement does not affect the validity of clauses intended to remain in effect after termination, including but not limited to:
- Clause 8: Intellectual Property
- Clause 14: GST
- Clause 20.3: Confidential Information
- Clause 15: No Warranties & Disclaimer
16.3. Post-Termination Obligations
Upon termination, you must immediately stop using the Chepa Ticket Zone platform and ensure that all outstanding amounts owed to Chepa Ticket Zone under this Agreement are settled promptly.
16.4. Outstanding Payments
Upon termination, we will ensure that any outstanding amounts owed to you under this Agreement (if any) are settled without delay.
16.5. Accrued Rights
For clarity, termination does not affect any accrued rights and remedies of either party as of the termination date.
17. DISPUTES
17.1. Dispute Resolution Process
If a dispute arises between the parties in relation to or as a result of this Agreement, both parties must ensure that, within seven (7) business days of a dispute being formally raised, senior representatives from both sides meet (via phone, internet, or in person) to attempt a resolution through good faith discussions.
17.2. Arbitration
If the dispute remains unresolved within 21 business days of its initial notification under Clause 17.1, both parties may agree to resolve the issue through arbitration. The arbitrator will be chosen mutually, and the arbitration costs will be equally shared.
17.3. Court Proceedings
Neither party may initiate court proceedings related to the dispute until they have followed the steps outlined in this clause. However, a party may seek immediate court action if urgent injunctive or interlocutory relief is required to protect property, rights, or prevent non-compensable losses.
17.4. Ticket Disputes
In the event of a ticket-related dispute between you and a Ticket Buyer who purchased a ticket via Chepa Ticket Zone, we will withhold the disputed ticket funds (including Booking Fees) along with any dispute-related fees charged by the payment processor until we receive written confirmation from both you and the Ticket Buyer that the matter has been resolved. If the dispute resolution involves issuing a refund to the Ticket Buyer, we will retain the applicable Booking Fees.
18. FORCE MAJEURE
18.1. Force Majeure Conditions
Neither party shall be considered in breach of this Agreement due to failure to fulfill its obligations if such failure results from circumstances beyond their reasonable control. However, both parties must make reasonable efforts to minimize the impact of such events.
19. NOTICES
19.1. Notice Delivery
Any notices, statements, or official documents that a party is required or wishes to deliver to the other party must be provided in writing and sent via either:
- Personal delivery, or
- Registered mail.
19.2. Notice Effectiveness
A notice, statement, or document will be considered officially delivered either at the time of personal delivery or on the date specified in the return receipt of the registered post. Unless otherwise updated in writing, the addresses of both parties will remain as stated at the beginning of this Agreement.
20. GENERAL
20.1. Governing Law
This Agreement shall be interpreted and governed in accordance with the laws of Zambia concerning any claims or matters arising under it.
20.2. Independent Contractors
Nothing in this Agreement establishes any form of association, partnership, joint venture, or other legal relationship between the parties. Both parties acknowledge that they are independent contractors, and neither party has the authority to bind or act on behalf of the other except as expressly stated in this Agreement.
20.3. Confidentiality
Both parties agree to maintain the confidentiality of the terms of this Agreement and any confidential information shared by the other party. Such confidential information shall only be used for purposes related to this Agreement, unless written permission is granted by the disclosing party. Each party is responsible for ensuring that its employees, agents, subcontractors, and any other relevant personnel comply with this confidentiality obligation.
20.4. Additional Documents
Upon reasonable request, each party agrees to execute and deliver any additional documents or instruments necessary to confirm, protect, maintain, implement, or enforce the rights and obligations established under this Agreement.
20.5. Severability
If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court, that provision shall be severed from the Agreement to the extent necessary, rendering it ineffective without affecting the validity or enforceability of the remaining provisions.
20.6. Entire Agreement
This Agreement represents the complete understanding between the parties and supersedes all previous agreements, understandings, or representations regarding the subject matter.
20.7. Amendments
Any amendments, modifications, supplements, changes, or waivers to the provisions of this Agreement must be in writing and signed by both parties to be valid.
20.8. Assignment
Chepa Ticket Zone reserves the right to assign this Agreement at any time. However, you may only transfer or assign the rights and benefits of this Agreement with prior written approval from Chepa Ticket Zone.