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WHERE’S THE FUNCTION

TICKET PURCHASE, CANCELLATION & REFUND POLICY

Operated by Wheres The Function Holdings (Pty) Ltd

Effective Date: [TO BE INSERTED BEFORE PUBLICATION]
Last Updated: [TO BE INSERTED BEFORE PUBLICATION]

1. PURPOSE OF THIS POLICY

This Ticket Purchase, Cancellation & Refund Policy (“Policy”) explains the rules applying when a User purchases, cancels, exchanges, receives a refund for or otherwise deals with a Ticket through the Where’s the Function Platform.

This Policy forms part of the Where’s the Function Terms of Use.

It should be read together with:

Where a provision of this Policy conflicts with a right that cannot lawfully be excluded under South African law, the applicable law will prevail.

2. DEFINITIONS

In this Policy:

“Company”, “we”, “us” or “our” means Wheres The Function Holdings (Pty) Ltd.

“Event” means an event, function, concert, party, nightlife experience, activation or other experience for which Tickets are made available through the Platform.

“Event Organiser” means the person or entity responsible for organising, producing, promoting or operating an Event.

“Face Value” means the stated price of the Ticket itself before separately disclosed booking, service, delivery or other fees, where applicable.

“Platform” means the Where’s the Function mobile application, website and related services.

“Service Fee” means a separately disclosed booking, transaction, platform or service fee charged in connection with a Ticket transaction, where applicable.

“Ticket” includes an electronic ticket, QR code, booking confirmation, access credential or other entitlement to attend an Event.

“User” or “you” means the consumer purchasing or holding the Ticket.

“Venue” means the premises at which the Event is scheduled to occur.

3. OUR ROLE IN TICKET TRANSACTIONS

Where’s the Function provides technology through which Tickets may be discovered, purchased, issued and administered.

The precise legal role performed by Wheres The Function Holdings (Pty) Ltd will be determined by the commercial and payment structure applicable to the Platform and the relevant Event.

Depending on that structure, the Company may act as:

The Company's standard Merchant of Record and ticketing structure must be formally determined before the Platform accepts live consumer Ticket payments.

The selected structure must be reflected consistently across:

Nothing in this section is intended to obscure the identity of the supplier from the consumer.

Users will be provided with sufficient information to understand the relevant supplier or Event Organiser and the Company's role in the transaction.

4. MERCHANT OF RECORD AND PAYMENT COLLECTION

The final Merchant of Record structure must be confirmed before publication of this Policy and before live Ticket payments are accepted.

The checkout flow will clearly identify, where applicable:

Where Where’s the Function acts as an agent or intermediary and collects Ticket proceeds on behalf of an Event Organiser, that authority must be supported by an appropriate mandate or contractual arrangement.

Where Where’s the Function instead acts as supplier or reseller, the allocation of consumer obligations, refund liability and recovery rights against the Event Organiser must be reflected in the applicable commercial agreement.

Where Where’s the Function collects Ticket proceeds before settling amounts with an Event Organiser, the commercial treatment of those proceeds, settlement timing, reserves, refund funding and chargebacks will be governed by the Event Organiser & Venue Terms and applicable payment-provider arrangements.

Those commercial arrangements do not reduce a consumer's rights.

5. TICKET PRICES AND FEES

Before confirming a Ticket purchase, the Platform will display the material pricing information applicable to the transaction.

This may include:

Where a Service Fee is charged, it will be disclosed before the User completes payment.

We will not intentionally introduce undisclosed mandatory charges after the User has committed to the transaction.

6. COMPLETING A TICKET PURCHASE

A User is responsible for reviewing the transaction before confirming payment.

This includes checking:

A transaction is not necessarily complete merely because a User attempted payment.

A purchase is confirmed when the Platform or authorised payment/ticketing system records successful payment and issues or confirms the Ticket.

Users should retain their Ticket or booking confirmation.

Where technically practicable, Where’s the Function will retain an appropriate transaction record of the material Event information displayed or associated with the Ticket at the time of purchase.

7. ELECTRONIC TICKETS

Tickets may be issued electronically.

A Ticket may contain:

Users must take reasonable care to prevent unauthorised copying or distribution of Ticket credentials.

Where a Ticket credential has already been validly scanned or redeemed, a duplicate copy may be rejected.

We may investigate suspected Ticket duplication, fraud or unauthorised resale.

8. CONSUMER-REQUESTED CANCELLATIONS

Subject to applicable law, a User may request cancellation of an advance Event booking before the Event.

The fact that a Ticket relates to a date-specific Event does not automatically mean that every consumer cancellation must receive a full refund without deduction.

Where South African consumer law permits a cancellation charge, any cancellation charge applied must be reasonable in the circumstances.

Relevant considerations may include:

We will not impose a cancellation charge merely to defeat a consumer's statutory right to cancel.

9. CANCELLATION FEE FRAMEWORK

Before launch, Where’s the Function will maintain an internal cancellation framework designed to support reasonable, consistent and legally defensible cancellation decisions.

That framework may take into account:

The internal framework may include indicative cancellation percentages for operational consistency, but those percentages will not override the requirement that a cancellation charge be reasonable in the circumstances.

Where a cancellation charge or material cancellation condition applies to a purchase, appropriate information will be disclosed to the User before or during the transaction where required.

The Company will periodically review its cancellation framework against actual cancellation and Ticket-resale experience.

10. DEATH OR HOSPITALISATION

Where applicable South African consumer law prohibits the imposition of a cancellation fee because the person for whom or for whose benefit the booking was made is unable to honour it due to death or hospitalisation, we will not impose such a cancellation fee.

We may request reasonable supporting information where necessary to verify the circumstances.

Any health or hospitalisation information will be handled in accordance with our Privacy Notice and applicable privacy law.

11. EVENT CANCELLATION BY THE ORGANISER

If an Event is cancelled by or on behalf of the Event Organiser and will not proceed, affected Ticket holders will be informed as soon as reasonably practicable after Where’s the Function receives reliable confirmation of the cancellation.

Subject to applicable law and the circumstances of the transaction, the remedy will ordinarily be a monetary refund of the amount the consumer is legally entitled to recover.

Where the cancellation is attributable to the Event Organiser and the Event does not proceed, our standard consumer-facing position will ordinarily be to refund the full amount paid by the User in connection with the affected Ticket, including the Ticket Face Value and any Where’s the Function Service Fee, unless a different treatment is specifically permitted by applicable law and is appropriate in the circumstances.

A User will not be required to accept Platform credit instead of a monetary refund where the User is legally entitled to a monetary refund.

The internal allocation of refund liability between Where’s the Function and the Event Organiser does not reduce the consumer's applicable rights.

An Event Organiser cannot avoid lawful consumer-refund obligations merely by labelling an Event “non-refundable.”

12. POSTPONED EVENTS

An Event is postponed when it is moved from its originally scheduled date or time and is intended to proceed later.

Where an Event is postponed, we will communicate the information supplied by the Event Organiser as soon as reasonably practicable.

Depending on the circumstances and applicable law, Users may be offered:

We will not automatically impose a fixed 12-month postponement period merely as boilerplate.

Any validity period or refund window relating to a postponed Event must be reasonable, clearly communicated and consistent with applicable law.

A User will not be forced to accept store credit where applicable law entitles that User to a monetary refund.

13. MATERIAL EVENT CHANGES

An Event may change without being completely cancelled.

Examples may include a significant change to:

Minor operational changes will not necessarily create a right to a refund.

Where a change is material, we will assess the appropriate remedy having regard to:

Where a refund or cancellation right exists, the User will be informed of the applicable process.

14. ARTIST OR LINE-UP CHANGES

Nightlife and entertainment Events may involve multiple performers, DJs, artists or attractions.

A change to a supporting performer or ordinary running order will not automatically result in a refund.

However, where a particular performer was materially represented as a principal or headline performer in the Event listing or promotional information displayed or incorporated into the Ticket offering at the time of purchase, and that performer is later removed or the representation is materially changed, the circumstances will be assessed to determine whether Users are entitled to cancellation, refund or another remedy under applicable law.

For this purpose, Where’s the Function may retain an appropriate record, snapshot, version history or other evidence of material Event information associated with the listing at the time of a Ticket purchase.

Event Organisers must not materially misrepresent line-ups or subsequently alter historical Event information in a manner intended to avoid consumer obligations.

15. VENUE CHANGES

Where an Event is moved to another Venue, Users will be informed where reasonably practicable.

A Venue change will not automatically produce the same remedy in every circumstance.

Relevant considerations may include:

A materially adverse Venue change may give rise to a cancellation or refund right.

16. SERVICE FEES

Where’s the Function may charge a separately disclosed Service Fee for services associated with a Ticket transaction.

A Service Fee may relate to services such as:

The fact that a Service Fee is separately described does not automatically make that fee non-refundable.

16.1 Event cancelled by the Event Organiser

Where the Event Organiser cancels an Event and the Event does not proceed, our standard consumer-facing position will ordinarily be to refund any Where’s the Function Service Fee paid in connection with the affected Ticket together with the refundable Ticket amount, unless applicable law specifically permits different treatment and that treatment is appropriate in the circumstances.

16.2 Consumer-requested cancellation

Where the User elects to cancel an otherwise valid Event booking, the treatment of the Service Fee may differ.

In determining whether all or part of a Service Fee may lawfully be retained, relevant considerations may include:

16.3 Separate service versus intermediary charge

Where a fee genuinely relates to a distinct service already supplied, that fact may be relevant to its treatment following a User-requested cancellation.

A fee will not, however, be characterised as a separately supplied service merely for the purpose of avoiding a refund that would otherwise be legally due.

16.4 Disclosure

The checkout process will disclose the existence and amount of applicable Service Fees before payment.

Any material conditions concerning their treatment following cancellation will be disclosed where required.

17. CREDITS AND VOUCHERS

Where permitted, Where’s the Function may offer a credit or voucher as an alternative resolution.

Where a User is legally entitled to a monetary refund, a credit or voucher will not be used to remove that right unless the User lawfully agrees to the alternative.

Where a credit is issued, its:

will be disclosed.

Credits and vouchers will be administered consistently with applicable consumer law.

18. DUPLICATE PURCHASES

If a User reasonably believes the same Ticket transaction was processed more than once because of a technical or payment error, the User should contact support promptly.

We may verify:

Where an unintended duplicate charge is confirmed, the duplicate amount will be reversed or refunded as appropriate.

A deliberate purchase of multiple Tickets is not a duplicate transaction merely because the User later decides fewer Tickets were required.

19. FAILED OR INCOMPLETE PAYMENTS

An attempted payment does not guarantee a Ticket.

If payment:

the Ticket may not be issued.

Where a User's account appears to have been debited but no Ticket is issued, the User should contact support and provide the relevant transaction information.

We will investigate the payment status with the applicable payment provider.

Temporary payment authorisations or banking holds may be controlled by the User's bank or payment provider and may not constitute a completed charge to Where’s the Function.

20. FRAUDULENT OR UNAUTHORISED TRANSACTIONS

Where we reasonably suspect fraud, stolen payment credentials, Ticket manipulation, unauthorised Account access or another unlawful transaction, we may:

Legitimate consumers will not automatically be treated as fraudulent merely because a transaction is disputed.

21. CHARGEBACKS

A chargeback is a payment dispute initiated through a bank, card issuer or payment provider.

Users should ordinarily contact Where’s the Function first where a Ticket issue can reasonably be resolved through our refund process.

Nothing in this Policy prevents a consumer from exercising a lawful right to dispute a transaction through their payment provider.

Submitting a knowingly false or fraudulent chargeback may result in Account restrictions and other lawful action.

Where a chargeback occurs, the allocation of the financial loss between Where’s the Function and an Event Organiser will be governed separately by the Event Organiser & Venue Terms or applicable commercial agreement.

22. EVENT ABANDONMENT

An Event may begin but later be stopped or abandoned.

The appropriate remedy will depend on circumstances including:

We will not automatically state that commencement of an Event eliminates every possible refund right.

23. FORCE MAJEURE AND EVENTS OUTSIDE REASONABLE CONTROL

An Event may be affected by circumstances outside the reasonable control of Where’s the Function or the Event Organiser.

Examples may include:

The existence of such circumstances does not automatically extinguish mandatory consumer rights.

Where an Event is cancelled, postponed or materially affected by such circumstances, the remedy will be determined in accordance with applicable law and the circumstances.

24. REFUND METHOD

Where a monetary refund is approved, it will ordinarily be returned using the original payment method where reasonably practicable.

Where that is not possible, we may require reasonable verification before using an alternative refund method.

Refunds will not knowingly be redirected to an unrelated third party without appropriate verification.

25. REFUND PROCESSING TIMES

Once a refund has been approved and validly initiated, processing time may depend on:

The Platform or support process will provide the applicable expected processing information where available.

We will not represent a refund as completed merely because an internal request has been opened.

Where required by law, refunds will be processed within the applicable statutory period.

26. TICKET TRANSFERS AND RESALE

Ticket transfer or resale functionality may be restricted or enabled depending on the Event.

Users may not:

Where official Ticket-transfer functionality is provided, Users should use that functionality rather than distributing screenshots or copies of QR codes.

Event-specific transfer restrictions will be disclosed where applicable.

27. REFUSAL OF ENTRY

A Ticket does not guarantee admission where the User:

Refund entitlement following refusal of entry depends on the reason for refusal and applicable law.

An Event Organiser or Venue cannot rely on arbitrary, discriminatory or unlawful conduct to avoid a refund or other remedy.

28. EVENT ORGANISER RESPONSIBILITIES

Event Organisers using Where’s the Function will be required under the Event Organiser & Venue Terms to comply with obligations relating to:

Where the Event Organiser is financially responsible for a refund, the Event Organiser & Venue Terms may permit Where’s the Function to:

The fact that an Event Organiser may ultimately bear the financial cost of a refund will not require the consumer to resolve an internal commercial dispute between the Organiser and Where’s the Function before receiving a remedy to which the consumer is legally entitled.

29. ORGANISER PAYOUTS, RESERVES AND CONSUMER PROTECTION

Where Where’s the Function receives Ticket proceeds before paying an Event Organiser, the Company may establish reasonable:

under the Event Organiser & Venue Terms.

The settlement model should be designed so that Ticket proceeds are not paid out in a manner that leaves reasonably foreseeable consumer refund liabilities completely unfunded.

Where appropriate, the Company may retain sufficient amounts from an Event Organiser's unsettled proceeds to cover reasonably anticipated:

The amount and duration of a reserve may take into account factors such as:

The exact settlement and reserve model will be determined before commercial launch and documented in the Event Organiser & Venue Terms.

30. REQUESTING A CANCELLATION OR REFUND

Refund or cancellation requests should be submitted through:

In-App Support: [TO BE INSERTED / CONFIRMED]

Support Email: [TO BE INSERTED / CONFIRMED]

Website: wheresthefunction.co.za

A User may be asked to provide:

We will not require information unrelated to determining the request.

31. COMPLAINTS AND ESCALATION

If a User disagrees with a refund or cancellation decision, the User may request review through our complaints process.

The review may consider:

Nothing in this process removes a consumer's right to approach an appropriate regulator, ombud, tribunal, court or other body where legally entitled to do so.

32. ELECTRONIC TRANSACTIONS

Ticket transactions conducted electronically are subject to applicable South African electronic-commerce law.

Where required, the Platform will make available material supplier and transaction information, including relevant pricing, payment and refund information.

Where a statutory electronic-transaction cooling-off right does not apply to a date-specific leisure service, that does not remove other cancellation or consumer rights that may apply under the Consumer Protection Act or other law.

33. CONSUMER RIGHTS

Nothing in this Policy is intended to waive, limit or exclude rights that cannot lawfully be waived, limited or excluded.

Relevant legislation may include the:

Where a provision of this Policy conflicts with mandatory consumer law, the mandatory law prevails to the extent of the conflict.

34. CHANGES TO THIS POLICY

We may update this Policy to reflect:

The updated Policy will display a revised Last Updated date.

Changes will not be applied retrospectively where doing so would unlawfully deprive a consumer of an existing right.

35. RELATED DOCUMENTS

This Policy should be read together with:

Terms of Use
[LINK TO BE INSERTED]

terms.html

Event Organiser & Venue Terms
[LINK TO BE INSERTED]

organisers.html

Where Event-specific terms apply, they will be displayed or made available in connection with the relevant Event.

36. CONTACT INFORMATION

The Platform is operated by:

Wheres The Function Holdings (Pty) Ltd

Company Registration Number: [TO BE INSERTED]

Registered / Physical Address: [TO BE INSERTED]

General Email: [email protected]

Ticket Support Email: [TO BE INSERTED]

Telephone: [TO BE INSERTED]

Website: wheresthefunction.co.za

© Wheres The Function Holdings (Pty) Ltd. All rights reserved.