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WHERE’S THE FUNCTION

TERMS OF USE

Operated by Wheres The Function Holdings (Pty) Ltd

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

1. INTRODUCTION

Welcome to Where’s the Function.

These Terms of Use (“Terms”) govern your access to and use of the Where’s the Function mobile application, website, related digital platforms, features, content and services (collectively, the “Platform”).

The Platform is owned and operated by Wheres The Function Holdings (Pty) Ltd, a private company incorporated in accordance with the laws of the Republic of South Africa (“WTF Holdings”, “Company”, “we”, “us” or “our”).

By creating an Account, accessing or using the Platform, or purchasing products or services through the Platform, you agree to be bound by these Terms and any policies expressly incorporated into them.

Please read these Terms carefully before using the Platform.

Where applicable, your use of the Platform is also subject to our:

These documents form part of the legal framework governing your use of Where’s the Function and will be made available through the Platform and/or our website.

Nothing in these Terms is intended to exclude, restrict or waive any right, protection or remedy that cannot lawfully be excluded under applicable South African law.

2. ABOUT WHERE’S THE FUNCTION

Where’s the Function is a nightlife discovery and entertainment platform designed to help Users discover, explore and engage with Events, Venues and nightlife experiences.

Depending on the features available at the relevant time and in the User's location, the Platform may enable Users to:

The availability of individual features may differ according to location, device, operating system, Account type, regulatory requirements, third-party availability and other relevant factors.

The availability of a Third-Party Service through the Platform does not mean that the Company itself provides that underlying service unless expressly stated otherwise.

3. DEFINITIONS

For purposes of these Terms:

“Account” means a registered User account on the Platform.

“App” means the Where’s the Function mobile application.

“Business User” means an Event Organiser, Venue, promoter or other commercial party using business-facing features of the Platform.

“Company” means Wheres The Function Holdings (Pty) Ltd.

“Content” includes text, photographs, videos, graphics, logos, Event information, reviews, comments, listings, advertisements and other material appearing on or submitted through the Platform.

“Event” means any function, concert, party, nightlife experience, activation or other event displayed, promoted, listed or ticketed through the Platform.

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

“Platform” means the Where’s the Function App, website and related services operated by the Company.

“Third-Party Service” means a product, platform or service operated by a party other than the Company and made accessible, linked or integrated through the Platform.

“Ticket” means any ticket, electronic ticket, QR code, access credential, booking confirmation or other entitlement to attend an Event obtained through the Platform.

“User”, “you” or “your” means a person who accesses or uses the Platform.

“User Content” means Content submitted, uploaded or otherwise made available by a User through the Platform.

“Venue” means the premises or business at which an Event or nightlife experience takes place.

4. ELIGIBILITY, AGE AND ALCOHOL-RELATED EVENTS

The consumer Platform is intended for adults.

You must be at least 18 years old to create or maintain a standard consumer Account on Where’s the Function.

You may not misrepresent your age or identity.

Certain Events, Venues or services may impose additional or higher age restrictions, entry requirements or conditions. Users remain responsible for checking those requirements before purchasing a Ticket or attending an Event.

Where alcohol is sold, supplied or consumed at an Event or Venue, applicable South African liquor laws and Venue requirements apply.

The Platform does not authorise the sale or supply of alcohol to any person who may not lawfully receive it.

Event Organisers and Venues may require valid identification to verify age.

Possession of a Ticket does not override:

A Ticket therefore does not guarantee admission where a User does not satisfy lawful entry requirements.

5. USER ACCOUNTS

Certain Platform functionality may require an Account.

When creating or maintaining an Account, you agree to provide information that is accurate, current and complete.

You are responsible for maintaining the confidentiality and security of your Account credentials and for activities undertaken through your Account, except to the extent applicable law provides otherwise.

You must notify us promptly if you reasonably believe your Account has been accessed or used without authorisation.

You may not:

We may require reasonable verification of information supplied in connection with an Account where necessary for security, fraud prevention, legal compliance or Platform integrity.

6. PRIVACY AND PERSONAL INFORMATION

The Company processes personal information in accordance with applicable data-protection legislation, including the Protection of Personal Information Act 4 of 2013 (“POPIA”).

Our separate Privacy Notice explains our processing of personal information in greater detail and will include, where applicable:

The Privacy Notice will be accessible through the Platform and at:

Privacy Notice

Where consent is legally required for a particular processing activity, the Company will obtain that consent in the manner required by applicable law.

The Privacy Notice forms part of the broader legal framework governing use of the Platform but does not remove or reduce any rights available under POPIA.

7. LOCATION-BASED SERVICES

Certain features may use approximate or precise location information to provide relevant functionality, including helping Users discover nearby Events, Venues or Third-Party Services.

Where device-level permission is required, Users may choose whether to grant that permission through their device or operating-system settings.

The Platform's functionality may be reduced where location access is disabled.

We do not guarantee that location information, mapping information, directions, distances or estimated travel information will always be complete or accurate.

Our collection and processing of location information is further described in the Privacy Notice.

8. EVENT AND VENUE INFORMATION

Where’s the Function may display information supplied by Event Organisers, Venues, promoters and other third parties.

This may include:

Event Organisers and Venues are responsible for ensuring that information they provide is accurate, lawful, current and not misleading.

We may take reasonable steps to review, moderate, verify, correct, suspend or remove listings where appropriate.

Where we receive a credible complaint that an Event listing:

we may temporarily restrict or remove the listing while the matter is investigated.

Specific obligations, response procedures and any agreed service levels applicable to Event Organisers and Venues will be dealt with in the Event Organiser & Venue Terms or an applicable written commercial agreement.

9. TICKET PURCHASES

Where available, Users may purchase Tickets through the Platform.

Before completing a purchase, Users will be provided with material transaction information required by applicable law, which may include:

The legal role performed by Where’s the Function in relation to a Ticket transaction may depend on the particular Event and commercial arrangement with the Event Organiser.

Where required, the Platform will identify whether the Company is acting as:

The detailed rules governing:

are contained in the Ticket Purchase, Cancellation & Refund Policy.

That policy will be available at:

[LINK TO BE ADDED WHEN APPROVED]

Nothing in these Terms or the Ticket Purchase, Cancellation & Refund Policy limits a consumer's statutory rights where those rights cannot lawfully be excluded.

10. EVENT CANCELLATIONS, POSTPONEMENTS AND MATERIAL CHANGES

Events may occasionally be cancelled, postponed, relocated or materially changed.

Where we become aware of a material change affecting Tickets purchased through the Platform, we will take reasonable steps to communicate relevant information to affected Users using the contact information associated with their Accounts or transactions.

Whether a User is entitled to a:

will be determined in accordance with applicable law, the circumstances of the Event, the Company's role in the transaction and the Ticket Purchase, Cancellation & Refund Policy.

We will not use a postponement, rescheduling or Event-specific condition to deprive a consumer of a remedy that the consumer is legally entitled to exercise.

Any defined period for which a postponed Ticket remains valid will be specified in the Ticket Purchase, Cancellation & Refund Policy or applicable Event terms and must comply with applicable law.

11. PRICES, FEES, PAYMENTS AND SETTLEMENT

Prices displayed through the Platform will be presented in the applicable currency.

Where’s the Function may charge disclosed:

Any mandatory fee payable in connection with a transaction will be disclosed as required by applicable law before the User completes the transaction.

The treatment of booking or service fees when a transaction or Event is cancelled will be governed by the Ticket Purchase, Cancellation & Refund Policy and applicable law.

Payments may be processed by independent payment-service providers.

Where payment information is processed directly by such a provider, the Company may not receive or store complete payment-card information.

The identity of the party responsible for receiving, holding or settling Ticket proceeds will depend on the payment and Event arrangement disclosed or established for the relevant transaction.

Commercial settlement arrangements between Where’s the Function and Event Organisers — including payout timing, reserves, refund funding, chargebacks, reconciliation and settlement triggers — are governed by the Event Organiser & Venue Terms and/or an applicable written commercial agreement and do not reduce consumer rights.

12. PREMIUM SERVICES AND SUBSCRIPTIONS

Where’s the Function may offer premium Accounts, subscriptions or paid features.

Before a User purchases a recurring subscription, we will disclose material information concerning the subscription, including applicable price, billing period and relevant cancellation or renewal conditions.

Where a subscription is purchased through the Apple App Store, Google Play or another marketplace, billing, cancellation and refunds may additionally be subject to applicable marketplace rules and applicable law.

13. THIRD-PARTY SERVICES AND INTEGRATIONS

Where’s the Function may integrate with or provide access to Third-Party Services.

These may include:

A Third-Party Service remains operated by the applicable third party unless expressly stated otherwise.

When a User chooses to use a Third-Party Service, the User may also become subject to that provider's terms and privacy practices.

Where’s the Function may receive a referral fee, affiliate payment, commission or other commercial benefit from a Third-Party Service where an appropriate commercial arrangement exists.

Where required by applicable law, the existence or nature of such a commercial relationship will be disclosed appropriately.

The receipt of a referral fee, affiliate payment or commission does not, by itself, mean that Wheres The Function Holdings (Pty) Ltd operates or supplies the underlying third-party service.

Our legal role in relation to any Third-Party Service will depend on the actual arrangement between the parties and applicable law.

14. TRANSPORTATION SERVICES

Where’s the Function may enable Users to discover, access or connect with transportation options provided by independent third-party transportation providers.

Unless expressly stated otherwise for a particular service, Wheres The Function Holdings (Pty) Ltd does not itself operate vehicles, employ drivers or provide the underlying transportation service.

Where a User proceeds to obtain a ride from a third-party provider, the transportation service is supplied subject to the applicable provider's terms and conditions.

Where’s the Function may, where an approved commercial arrangement exists, receive a referral fee, affiliate payment, commission or similar commercial benefit associated with a User's use of a transportation integration.

Where required, that commercial relationship will be disclosed.

Any such remuneration does not change the identity of the underlying transportation provider unless the actual contractual arrangement or applicable law provides otherwise.

Availability, pricing, estimated arrival times, driver acceptance, vehicle availability, route information and completion of a ride may be determined by the applicable transportation provider.

Nothing in these Terms should be interpreted as publicly representing that a third-party transportation provider sponsors, endorses or has entered into a partnership with the Company unless that relationship has actually been approved and may lawfully be represented as such.

15. ACCOMMODATION AND OTHER BOOKINGS

The Platform may enable Users to discover or access accommodation or other third-party booking services.

Unless expressly identified otherwise, those underlying services are supplied by independent third parties.

Any booking may therefore also be subject to the provider's:

Where Where’s the Function acts as a referral platform or intermediary, its role will be described appropriately.

The Company may receive a disclosed referral, affiliate or commission payment where an applicable commercial arrangement exists.

16. BUSINESS USERS, EVENT ORGANISERS AND VENUES

Separate terms apply to Business Users listing, promoting, advertising, managing or selling access to Events or Venues through the Platform.

Those terms will be contained in our Event Organiser & Venue Terms and, where applicable, additional commercial agreements.

Those agreements may govern matters including:

Business Users must not provide false, misleading or materially incomplete Event information.

17. ADVERTISING, PROMOTIONS AND SPONSORED CONTENT

The Platform may contain advertising, paid placements, promoted Events, sponsored Content or commercial recommendations.

Where required, sponsored or promotional Content will be identified appropriately.

The presence of an advertisement does not by itself constitute endorsement by the Company of every claim made by an advertiser.

Advertisers and Business Users remain responsible for ensuring that their advertising complies with applicable law and Platform policies.

18. USER CONTENT, ARTISTS AND TALENT RIGHTS

Where the Platform permits Users to submit reviews, comments, photographs, videos or other User Content, the User remains responsible for the User Content submitted.

Users must have the rights reasonably necessary to submit that Content.

Users may not submit Content that:

18.1 Platform-use licence

By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, technically modify, format, display and distribute that User Content to the extent reasonably necessary to operate, provide and display the Platform and its functionality.

You retain ownership of your User Content.

18.2 Promotion of the Platform

Where we wish to use User Content outside the ordinary operation of the Platform for advertising or promotional purposes, we will ensure that we have an appropriate legal basis or permission for that use where required.

18.3 Artists, performers and identifiable talent

The mere fact that an artist, performer, DJ, creator, public figure or other identifiable person appears in User Content does not automatically grant the Company an unrestricted right to use that person's image, likeness, performance, name or identity to imply an endorsement of Where’s the Function.

Use of identifiable talent in paid advertising, endorsement campaigns or other commercial promotional material may require separate rights, licences or permissions from the relevant rights holders.

Event Organisers and Business Users remain responsible for ensuring they possess the necessary rights to commercial promotional material they supply to the Platform.

19. COMMUNITY STANDARDS AND SAFETY

Users must use the Platform responsibly and lawfully.

You must not use Where’s the Function to:

Additional standards will be contained in our Community Guidelines.

20. RESPONSIBLE NIGHTLIFE USE

Where’s the Function assists Users in discovering and planning nightlife experiences.

Users remain responsible for their personal decisions and conduct.

We encourage Users to:

The Platform does not guarantee the safety of every Event, Venue, neighbourhood, transportation service or person.

Nothing in this section limits a legal duty or liability that cannot lawfully be excluded.

21. INTELLECTUAL PROPERTY

The Platform, including its software, design, branding, graphics, interfaces, databases, original Content and other proprietary materials, is owned by or licensed to Wheres The Function Holdings (Pty) Ltd and protected by applicable intellectual-property laws.

Subject to these Terms, we grant Users a limited, personal, revocable, non-exclusive and non-transferable right to access and use the Platform for its intended purposes.

Users may not, except where permitted by law or expressly authorised:

Third-party trademarks remain the property of their respective owners.

22. PLATFORM AVAILABILITY AND CHANGES

We aim to provide a reliable Platform but cannot guarantee uninterrupted availability.

The Platform may occasionally be unavailable because of maintenance, technical failures, security incidents, telecommunications failures, third-party interruptions or circumstances outside our reasonable control.

We may update, improve, modify or discontinue features from time to time.

Where a material change adversely affects an existing paid service, the consequences will be addressed in accordance with applicable law and applicable service terms.

23. ACCOUNT SUSPENSION AND TERMINATION

We may suspend, restrict or terminate access where reasonably necessary because of:

Where appropriate and reasonably practicable, we may provide notice or an opportunity to address the issue.

Users may stop using the Platform at any time and may request Account deletion through the mechanisms made available by us.

Account deletion and associated personal-information handling are addressed further in our Privacy Notice.

24. DISCLAIMERS

We will provide services for which we are legally responsible with the degree of care and skill required by applicable law.

However, to the maximum extent lawfully permitted, we do not guarantee that:

Nothing in these Terms excludes any warranty, protection or right that cannot lawfully be excluded.

25. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law.

Subject to that qualification, the Company will not be responsible for loss caused solely by the independent acts or omissions of a third party over whom the Company has no legal responsibility or control.

Where the Company is legally responsible for loss, liability will be determined in accordance with applicable law.

We do not seek through these Terms to exclude liability for gross negligence, intentional misconduct or any other liability that cannot lawfully be excluded or limited.

26. CONSUMER INDEMNITY

To the extent permitted by applicable law, a User will be responsible for direct loss, damage or reasonable third-party costs actually caused by that User's material breach of these Terms, unlawful conduct or infringement of another person's rights.

A consumer's indemnity under these Terms is limited to direct loss attributable to the relevant conduct and does not extend to remote, speculative or unrelated loss merely because the consumer used the Platform.

Nothing in this section requires a consumer to indemnify the Company for:

27. DIRECT MARKETING AND COMMUNICATIONS

We may send communications necessary to administer Accounts, transactions, Tickets, security matters, service changes and other operational matters.

Direct electronic marketing will be conducted in accordance with applicable law, including POPIA.

Where prior consent is legally required for electronic direct marketing, we will request that consent before sending such marketing.

Where applicable law permits direct marketing to an existing customer without obtaining new consent, we will only rely on that basis where the relevant legal requirements are satisfied, including where applicable that:

Electronic direct-marketing communications will provide a free and reasonably uncomplicated means of opting out, as required by applicable law.

A User who withdraws marketing consent or opts out of marketing may still receive communications that are reasonably necessary for:

Further information will appear in our Privacy Notice.

28. ELECTRONIC COMMUNICATIONS AND RECORDS

You agree that communications, agreements, notices and other records may, where legally permissible, be provided electronically.

Electronic records generated through the Platform may be retained as evidence of transactions and interactions in accordance with applicable law and our retention practices.

Nothing in this section limits statutory requirements concerning the form or delivery of a particular notice.

29. CHANGES TO THESE TERMS

We may amend these Terms to reflect:

Updated Terms will display a revised “Last Updated” date.

Where a change is material and applicable law requires notice or renewed consent, we will provide that notice or obtain consent as required.

Continued use will not be treated as consent where applicable law requires express agreement.

30. CONSUMER RIGHTS

Nothing in these Terms is intended to waive or restrict rights afforded under applicable South African law, including, where applicable, the:

If a provision of these Terms conflicts with a mandatory provision of applicable law, the mandatory provision will prevail to the extent of that conflict.

31. COMPLAINTS AND DISPUTE RESOLUTION

We encourage Users to contact us first where a concern arises so that we have an opportunity to address it.

Customer-support and complaint contact details will be made available through the Platform and website.

Nothing in these Terms prevents a User from approaching a regulator, ombud, tribunal, court or other dispute-resolution body where legally entitled to do so.

Where applicable, consumers may have rights to approach bodies including the National Consumer Commission, Consumer Goods and Services Ombud or Information Regulator.

32. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

Subject to statutory rights a consumer may have to approach another competent forum, disputes arising from these Terms or the Platform will be determined in accordance with South African law by a court or other body having lawful jurisdiction.

33. SEVERABILITY

If any provision of these Terms is held invalid, unlawful or unenforceable, that provision will be interpreted or severed only to the extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.

34. NO WAIVER

A failure or delay by the Company in enforcing a provision of these Terms does not automatically constitute a waiver of that provision or another right.

35. ENTIRE AGREEMENT AND RELATED POLICIES

These Terms operate together with the policies and additional terms expressly incorporated into them.

The Where’s the Function legal framework will include:

Privacy Notice
[LINK TO BE INSERTED]

Ticket Purchase, Cancellation & Refund Policy
[LINK TO BE INSERTED]

Cookie & Tracking Technologies Policy
[LINK TO BE INSERTED]

Community Guidelines
[LINK TO BE INSERTED]

Event Organiser & Venue Terms
[LINK TO BE INSERTED]

Where specific terms apply to a particular transaction, Event or feature, those specific terms apply together with these Terms.

If an irreconcilable conflict exists, the more specific terms will apply to the relevant transaction or feature, subject always to applicable law.

36. COMPANY AND 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]

Address for Service of Legal Notices: [TO BE INSERTED]

General Contact Email: [email protected]

Customer Support Email: [TO BE CONFIRMED]

Privacy / Information Officer Contact: [TO BE INSERTED]

Telephone: [TO BE INSERTED]

Website: wheresthefunction.co.za

Any additional information required for electronic transactions or consumer disclosures will be displayed through the Platform or website as applicable.

37. CONTACTING US

Questions about these Terms or use of the Platform may be submitted using the contact information provided above.

Privacy-related requests should be submitted using the contact details specified in our Privacy Notice.

Ticket cancellations and refund requests should follow the procedure specified in our Ticket Purchase, Cancellation & Refund Policy.

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