Ticketing Terms and Conditions

Introduction

NOUBIYE LTD (“we”, or “us” ) is a promoter of online ticketing for sports and events (“Event”, “Events”). Tickets (“Tickets”) for Events are sold by NOUBIYE LTD to purchasers through our website (“NOUBIYE.COM”) or other ticketing agents. Notwithstanding the terms and conditions of such ticketing agents which may apply to the sale of a Ticket for a particular Event, by purchasing and/or holding and/or being in possession of a Ticket or Tickets, the holder of the Ticket (“Ticket holder”, “you”, “your”) agrees to and is bound by these terms and conditions (“Ticketing Terms”).

We further encourage you to contact the Venue and/or visit the Venue website and/or the Venue box office for their most recent terms and conditions.

The provisions of these Ticketing Terms are for the benefit of our ticketing agents and/or NOUBIYE LTD and/or the Venue by way of contract for the benefit of a third party and may be accepted by the ticketing agents and/or NOUBIYE LTD and/or the Venue at any time.

If you are under the age of 18, you must obtain your parents’ or legal guardians’ prior authorisation, permission and consent to attend an Event.

All clauses in the Ticketing Terms indicated in BOLD are provisions which limit the risk or liability of NOUBIYE LTD and/or NOUBIYE.COM and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify NOUBIYE LTD and/or NOUBIYE.COM or is an acknowledgement of a fact by you, and are therefore drawn to your attention. You should pay particular attention to such clauses and consider them carefully.

The Ticketing Terms

1. Each Ticket you purchase from NOUBIYE LTD through a ticketing agent or through NOUBIYE.COM is intended to give you a revocable license (or right) to entry and attendance of the particular Event only to which the Ticket pertains. Each Ticket holder has a right to a seat or standing place in relation to the stage, of a value corresponding to that stated on the Ticket Holder’s Ticket. NOUBIYE LTD and the Venue reserve the right to provide alternative seats or standing place to those specified on the Ticket.

2. A Ticket does not afford the Ticket holder the right to transport to the Venue, or parking, or merchandise, or any food or beverages at the Venue, unless otherwise stated. Other independent service providers might render services relating to transport, parking, merchandise, food or beverages at the Venue and in such circumstances, the terms and conditions of such service providers will apply between it and persons who make use of such products or services.

3. You must produce a valid Ticket to gain entry to the Venue and you must produce that Ticket for inspection upon request from an Event official at any time. Failure to produce such Ticket when requested may result in you being denied access to the Venue or in you being removed from the Venue.

4. Tickets are not transferable and cannot be resold or offered for resale (including on-line auction sites) or used for commercial purposes including advertising, competitions, contests, sweepstakes, promotions, or used, sold or given away in conjunction with other products or services (such as part of a travel or hospitality package) without the express written permission of NOUBIYE LTD in advance. If this condition is breached the Ticket may be cancelled without refund or compensation and the bearer of the Ticket may be refused entry or removed from the Venue.

5. Any Tickets brought from unauthorised agents or third parties are not valid and admission to an Event on the strength of such Tickets will not be permitted. All Tickets remain the property of NOUBIYE LTD at all times and constitute a personal revocable license from NOUBIYE LTD to the Ticket holder which may be withdrawn by NOUBIYE LTD and admission refused at any time upon refunding the printed purchase price of the Ticket.

6. We reserve the right to restrict the sale of Tickets to a maximum number per person, per credit card and/or per household and to cancel any Tickets purchased in excess of this number.

7. If an error is made in the price of Tickets ordered by you, you will be notified by us as soon as possible and we will give you the option to either (a) reconfirm your Ticket order at the correct price; or (b) cancel your Ticket order and receive a full refund from us.

8. It is your responsibility to (i) ensure that your Tickets are collected by or delivered to you before the date of the Event; (ii) keep your Tickets safe prior to the Event; and (iii) check your Tickets and to ascertain the date and the time of the Event and if applicable, any rescheduled Event. Event dates and times are subject to change. We refer you to the Ticket Purchase Agreement which contains detailed provisions relating to the collection and delivery of Tickets purchased through NOUBIYE.COM. Neither NOUBIYE LTD nor NOUBIYE.COM is responsible or liable should you fail to obtain your Tickets timeously or for any Tickets that are lost, stolen or damaged.

EXCHANGES, UPGRADES AND CANCELLATION POLICY

9.1 You are entitled to exchange or upgrade all the Ticket(s) in your order at any time before the event for which such Ticket(s) have been purchased, subject to any admin fee per Order which may be levied by our ticketing agents. Exchanges and upgrades of Tickets may only be made for Tickets that are the same price or more for the same event, where “same event” means the same event at the same venue within the current tour or booking period for that event;

9.2 You are entitled to cancel your purchase of and return your Ticket(s) at any time prior to the scheduled date of the Event to which the Ticket(s) apply by contacting the ticketing agent or Noubiye.com (whichever is applicable) and arranging such cancellation and return, subject to the following:

9.2.1 If you cancel the Ticket(s) in your order up to 60 (sixty) days prior to the event date (or the first event date if the Tickets relate to a series of events), you will receive a full refund of the purchase price thereof less a cancellation fee equal to the relevant Service Charge in respect of such Ticket(s) levied by our ticketing agents;

9.2.2. You shall not be entitled to any refund should you cancel the Ticket(s) in your order once there are 60 (sixty) days or fewer until the event date (or the first event date if the Tickets relate to a series of events).

9.2.3 This only applies to Ticket(s). For Upsells and Packages please refer to the Terms & Conditions of the ticketing agents and/or service providers from where you purchased these items.

9.2.4. No refund shall be issued in respect of a cancelled purchase unless the original Ticket(s) are returned.

9.2.5 You hereby acknowledge and agree that the aforementioned cancellation charges constitute reasonable charges as contemplated in the Consumer Protection Act, 2008.

9.2.6. Notwithstanding the above, if you can provide us with proof that the person for whom, or whose benefit a Ticket was purchased will not be able to attend the Event because of his or her death or hospitalisation, no cancellation fee will apply in respect of that Ticket and you will receive a full refund of the Sale Price and Service Charge.

10. Your purchase of Tickets is subject to our right to cancel or reschedule an Event at any time, or to alter or vary the programme of an Event, due to circumstances beyond our reasonable control. Where we alter or vary the programme of an Event, we shall not be obligated to refund any Ticket monies or exchange your Tickets. Please note that if an opening act or guest artist is changed or cancelled, the event is not considered cancelled and you will not be entitled to a refund or exchange. Neither we, a ticketing agent, Noubiye.com nor any other person shall have any liability to you to refund the purchase price of a Ticket in circumstances where an Event is cancelled due to circumstances beyond our reasonable control.

11.1. Cancellation: If an event for which you have purchased Tickets is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the Sale Price of your Tickets or Packages, plus the relevant Service Charges. Your Order Processing Fees will not be refunded if your Tickets or Packages have already been dispatched or delivered to you. If you have purchased Tickets or Packages for an event that takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund, at our discretion.

11.2. Rescheduling: If an event for which you have purchased Tickets is rescheduled, Tickets will usually be valid for the new date once it is confirmed (or you will be offered Tickets or Packages of a value corresponding with your original Tickets or Packages for the rescheduled event, subject to availability). If you notify us within the specified deadline that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets plus the relevant Service Charges. Your Order Processing Fees will not be refunded if your Tickets or Packages have already been dispatched or delivered to you. Failure to notify us within any specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets or Packages for the rescheduled event, and you will not be able to claim a refund.

12. The following restrictions will apply to your attendance at an Event and your breach of any of these may lead to you being ejected from the Venue:

12.1. Appropriate standards of behaviour are expected of all persons attending an Event and persons deemed to be behaving in a manner that is dangerous or unacceptable in the opinion of NOUBIYE LTD or its agents or contractors, will be refused admission and/or removed from the Venue with no refund on the Ticket. Activities such as ‘stage diving’, ‘moshing’, ‘climbing’ and ‘crowd surfing’ are strictly prohibited for your own safety.

12.2. In order to facilitate the security, safety and comfort of all patrons, we reserve the right in our reasonable discretion to conduct security searches of persons, clothing, bags and all other items on entry and exit of a Venue, to confiscate items which may cause danger or disruption to the Event or to other patrons or that are in breach of the Ticketing Terms and/or to refuse admission and/or to refund the Ticket face value if we have reasonable grounds to do so.

12.3. Ticket holders may be ejected from the Venue if, in the reasonable opinion of NOUBIYE LTD or its agents or any contractors appointed by NOUBIYE LTD, or the Venue, the Ticket holder is a risk to the safety of any patron including failure to comply with any measures put in place to combat the spread of Covid-19, and/or may affect the enjoyment of other patrons and/or the running of the Event or may cause damage, nuisance or injury. Examples include being (or appearing to be) drunk, incapable, intoxicated or under the influence of illegal drugs, under-age (where relevant), abusive, threatening, behaving anti-socially, carrying offensive weapons or illegal substances, declining to be searched or in breach of any of these Ticketing Terms or the terms and conditions of the Venue. Should you be refused entry or be removed from the venue for any of these reasons, you will not be entitled to a refund.

12.4. There are to be no pass-outs or re-admissions after you exit the gates of a Venue (after entry) and you will not be permitted to re-enter the Venue.

12.5. The following items are not permitted to be brought into a Venue:

12.5.1. Glass bottles or containers or other heavy and/or sharp objects, which could potentially be used as projectiles (excluding sunglasses, binoculars and prescription or reading glasses)

12.5.2. Any illegal drugs

12.5.3. Skateboards, scooters, roller blades or bicycles

12.5.4. Knives, weapons of any nature or fireworks

12.5.5. Any object that could be used to distract, hinder or interfere with any performer, including laser pointers and flashlights

12.5.6. Flags with poles, large flags or banners that may obstruct the view of other patrons

12.5.7. Any whistle, horn, musical instrument, loud hailer, public address system or vuvuzela

12.5.8. Digital, electronic or other recording or broadcast device

12.5.9. Any item that you intend to distribute, hawk, sell, offer, expose for sale or display for marketing or promotional purposes

12.5.10. No animals apart from authorised guide/assistance dogs

12.5.11. Any dangerous goods and any other items by management to be dangerous or capable of causing a public nuisance

12.5.12. Professional cameras or video recorders

12.5.13. Umbrellas (unless there is an obvious threat of rain), in which case small umbrellas will be permitted but no golf or beach umbrellas

12.5.14. Braais or barbeques

12.5.15. Camping Chairs

12.5.16. Cooler Boxes

12.5.17. Food and refreshments (including soft drinks and alcohol).

12.6. Please note that in seated areas, other members of the audience may stand up during the Event.

12.7. Smoking is not permitted in the Venue.

12.8. The unauthorised use of photographic, video and/or sound recording equipment is prohibited.

12.9. Efforts will be made to admit latecomers at an appropriate break in the performance of the Event. Entry will not be permitted if it will disrupt the performance.

13. If you are a disabled person, you are requested to inform NOUBIYE LTD and NOUBIYE.COM, its agents and contractors will use their reasonable endeavours to accommodate and assist you at the Event, subject to their capacity to do so, and the confines and layout of the Venue facilities.

14. All children attending an Event must be in possession of a valid Ticket. Events may be age-restricted and it is the responsibility of the Ticket holder to check age restrictions to an Event before purchasing a Ticket. In any case, unless indicated otherwise, a responsible adult must accompany children 14 years of age and under.

15. Please note that CCTV and film cameras may be present at the Venue. By purchasing Tickets and attending the Event, you consent to being filmed, photographed, videotaped, or otherwise recorded, and that your name, voice and likeliness may be broadcasted, displayed or distributed (commercial or otherwise) without any compensation being paid to you.

16. You voluntarily assume all risks and dangers incidental to an Event, whether occurring before, during or after the Event, and you waive any claims for loss, damage, personal injury or death against NOUBIYE LTD, the management of NOUBIYE LTD, any agent of NOUBIYE LTD, the performing artist(s), participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any minor accompanying you or for whom you purchased a Ticket.

17. Neither the Venue nor NOUBIYE LTD can accept responsibility for damage to or loss of any personal property at an Event.

18. You bear the risk of inclement weather.

19. To the fullest extent possible in law, we do not accept liability for and you will have no claim in respect of:

19.1. any errors relating to the location of your seat or standing place relative to the stage as indicated on the seating plan prepared for the Venue; or

19.2. the quality of the view from your seat or standing place; or

19.3. the lack of or inadequacy of parking at the Venue; or

19.4. any problems relating to the adequacy of traffic control to and from the Venue; or

19.5. the lack of or inadequacy of food and beverages at the Venue; or

19.6. the quality of sound and lighting at the Event; or

19.7. the quality of any services provided by independent contractors at the Venue.

20. You agree and acknowledge that neither NOUBIYE.COM nor NOUBIYE LTD nor any of its agents have guaranteed or made any warranties or representations to you in relation to the accuracy of the location of your seat or standing place relative to the stage as indicated on the seating plan prepared for the Venue, the availability of parking at the Venue and/or the adequacy of traffic control to or from the Venue.

21. If any provision of these Ticketing Terms is or becomes illegal, invalid or unenforceable in any jurisdiction that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Ticketing Terms; or the legality, validity or enforceability in any other jurisdiction of that or any other provision of these Ticketing Terms.

22. No indulgence which NOUBIYE LTD or any of its agents and/or contractors (the “Grantor”) may grant to you and/or the Ticket holder (the “Grantee”) shall constitute a waiver of any of the rights of the Grantor, who shall not thereby be precluded from exercising any rights against the Grantee which might have arisen in the past or which might arise in the future.

23. These Ticketing Terms cancel and supersede all prior negotiations and previous agreements, understandings and arrangements, whether written or oral, between you and NOUBIYE LTD or any of its agents and/or contractors.

24. These Ticketing Terms constitute the whole agreement between you and/or the Ticket holder and NOUBIYE LTD in respect of the subject matter hereof and no addition to or variation or novation of this agreement shall be of any force or effect, unless reduced to writing and signed by the above parties or their duly authorised representatives.

25. These Ticketing Terms shall be governed by Mauritian Law and be subject to the exclusive jurisdiction of the Mauritian courts.

General

26. If you experience any problems at the Event, please contact a steward or duty manager as it may not be possible to resolve issues after the Event.

27. In case of emergency please follow instructions and directions from stewards, staff and/or other officials.

28. Please note that loud music at Events can damage hearing.

29. The staging of all events is subject to obtaining the relevant licences.

30. When purchasing alcohol at a Venue, if you appear to be under the age of 18 you may be asked for proof of age.

31. Official merchandise is only available from Noubiye.com and/or outlets within the Venue. Please beware of unofficial traders offering inferior and illegal goods.