Terms and Conditions

Thank you for booking through Shift Concepts. By using this platform website, mobile application, or related services (collectively, “Service”) owned by Shift Concepts (the “Company”), you hereby agree to be bound by these Terms of Service (“Terms”) in full and without modification.

These Terms were last modified March 21, 2020.

1. General

(a) – The Company reserves the right to update, replace or change the Terms at any time and without notice. The newest version of the Terms will be posted on the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.

(b) – The Company reserves the right to terminate your Account (as defined below) at any time and for any reason, with or without notice. The Company may refuse service to any user.

2. Your Account

(a) – In order to use all of the features of the Service, you may be required to register for a user Account (the “Account”). You agree to keep your Account password secure and to be responsible for all actions and purchases made through your Account. You further agree that:

– You are at least 16 years of age.
– You have never been banned from the Service.
– All information you submit to the Service, including your full legal name, valid email address, and other information, is accurate, complete, and truthful, and will at all times be kept updated.
– You will not share your Account with any other person. Your Account may only be used by one person. A single Account shared by multiple people is not permitted.
– You are responsible for all text, images, videos, sound clips, or other content (collectively, “Content”) posted by your Account. You will not post Content that is illegal, offensive, or designed to harass any other person.
– You will not use the Service to violate the intellectual property rights of any other person.
– You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
– You will not hack, reverse engineer, decompile, index, scrape, misuse, or interfere with the Service, its network, or its users.
– You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
(b) – We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

(c) – Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Company customer, employee, member, or officer will result in immediate account termination.

3. Service

(a) – The Service functions as a marketplace that allows ticket or entry seller users who are hosting events (“Sellers”) to sell tickets or entries directly to purchaser users (“Purchasers”) for the Seller’s events (“Events”). The Company does not host, endorse, or have any affiliation with any of the events. By hosting or attending an event, you acknowledge and agree that the Company will not be held responsible for the event.

(b) – Technical support is only provided via email, phone, and live chat on an as-available basis.

(c) – You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

(d) – You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. Payments

(a) – The Company supports multiple payment methods to facilitate online payments through the Service, including (but not limited to) Peach Payments, iVeri, Instanst EFT and 3D secure (collectively, “Payment Providers”). Sellers use their existing account with any of the supported Payment Providers. For

(b) – The Company will automatically charge a service charge per transaction (adjusted at the initiation of your event and determined solely by the Company).

(c) – The Company will absorb credit card processing fees as part of the commission fees charged to the event account holder. These will be deducted in full prior to pay out to client.

(d) – Payments made through other payment provider or payment methods (including but not limited to electronic fund transfers, check or cash) may be offered in the sole discretion of the Seller for any Event. In such cases, the Company will forward an invoice for collection of the fees owed by the Seller. Invoices will be sent via email to the Seller’s registered email address on a monthly basis and are due and payable within 15 days of receipt of the invoice. In case of non-receipt of payments, the Company may terminate the account including all current events and might also take other measures to recover the dues as appropriate.

(e) All payouts to clients will be done one a monthly basis

5. Refunds and Cancellations

(a) – Because the Service is merely a marketplace for Sellers and Purchasers, the Company does not offer refunds for any purchases made. Sellers may set their own refund and cancellation policies for their Purchasers. Purchaser must contact Seller directly for refund and cancellation requests and information. UNDER NO CIRCUMSTANCE WILL COMPANY BE RESPONSIBLE FOR ANY PAYMENT, REFUND, OR CANCELLATION DISPUTE BETWEEN SELLER AND PURCHASER.

Standard Refund policy, the Shift Concepts standard refund policy may be applied by individual event organisers and is agreed to by registrants.

For events requiring athlete registration, the following refund policy applies : –

– Outside 45 days of the event : 50% refund

– 45 – 14 of the event : 25% refund

– Within 14 days of the event : 0% refund

– Cancellations or refunds on membership fees will incur a 15% admin fee, less the full market value amount of the membership used to date of cancellation.

For ticketed events whereby the ticket is issued digitally, the following refund policy applies : –

– No refunds are provided for with a digital ticket as the merchant has no control over what the purchaser has done with the ticket.

No refunds will be issued for Covid 19 related withdrawals, the risk of such is for the registrants to manage. Furthermore, the company can not be held liable for any cancellations or postponements due to Government regulations, insurrection, force Majeure or Act of God or State.

(b) – Purchasers and Sellers will not be refunded any service charges or credit card processing fees even in the event of refunded tickets, except as provided for in this Section 5(b).

– The Company will refund service charges for test orders.
– The Company may, in its sole discretion, offer refunds of the service fees for Events that are cancelled if such event payments were processed with a Payment Provider.
– Sellers must contact the Company directly to request any refund under this Section 5(b). Purchasers must contact Sellers to arrange for refund requests.

– The registrant acknowledges that by registering during a pandemic they therefore accept all the risks associated with such. These include amendments to lockdown measures or social distancing controls, force majeure, act of God, State or Insurrection. All of which could result in postponement or cancellation of the event. The event organisers further reserve the right cancel or postpone the event with no refund if it is considered in the best interest of all participants.

Best interest is defined as the avoidance of risk that may result in the unnecessary harm, injury or death of any registrants at an event.

(d) Event postponements

For postponed races the original deadline for a partial refund or transfer are not postponed along with the event and only apply to the initial race date.

For any refund related inquiries, please contact info@shiftconcepts.co.za

6. Registrant Indemnity and waiver

I understand that participating in an event listed with Shift Concepts is potentially hazardous, and that I should not enter and participate unless I am medically able and properly trained.

In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury or accident or damage to property which may occur while I am traveling to or from the event, during the event, or while I am on the premises of the event.

I also am aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the road. I, for myself and my heirs and executors, hereby waive, release and forever discharge the event organizers, sponsors, promoters, Shift Concepts and each of their agents, representatives, successors and assigns, and all other persons associated with the event, for all my liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my participation in this event.

By accepting the Terms and Conditions of this event, I hereby acknowledge as the registrant that the Organizer reserves the right to cancel or postpone the event should it be considered in the best interest of the participants safety. In the event of cancellation the event refund policy will be respected by the organizers and their partners. Event cancellations will be considered by relevant safety bodies, EMS and governing bodies at the event.

Refunds or cancellations:-

Upon entering the race, athletes accept ownership of their entry and the risk thereof. Entry cancellations and refunds will only be provided for in the case of event cancellation. This does not however cover event cancellation due to insurrection, pandemic, endemic, insurrection, Act of God, state or force majeure. The organiser reserves the right to postpone the event to later date should it be considered in the best interest of the event entrants. Cancellations and refunds can only be provided for if the entrants have opted for entry insurance and protection with their insurer, whereby the claim must be lodged with the registrants insurer and not the event office.

*In the rare event that the event is cancelled or postpone due to reasons beyond the control of the organising body “insurrection, pandemic, endemic, insurrection, Act of God, state or force majeure” no refunds will be provided. The purchasing of entries or tickets is at the risk to the purchaser.

I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise.

I hereby grant full permission to any and all of the above parties to use any photographs, videotapes, motion pictures, website images, recordings or any other record of this event for further promotions should it be deemed necessary.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

7. Limitation of Liability and Disclaimers

(a) – The Service is provided without any warranties, guarantees, or representations of any kind, including any warranties of fitness for a particular purpose or merchantability. Without limiting the foregoing, the Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

(b) – Sellers, and not the Company, are solely responsible for hosting, promoting, planning, and conducting the Events. In no event shall the Company be liable to any person (including Purchasers and Sellers) for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, cost of substitute goods or services, losses arising out of (i) any Event or (ii) the Service being inaccessible, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with these Terms, even if the Company has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.

(c) – As a Purchaser, you agree to use caution when attending or participating in any Event. You acknowledge and agree that the Company does not screen, vet, or otherwise endorse any Event and that the Company is merely a marketplace. The Company cannot be, and is not, responsible for safety at any Event.

8. Indemnification

(a) – You agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your involvement or attendance at any Event; (b) your breach of these Terms or the documents referenced herein; or (b) your violation of any law or the rights of a third party.

9. Chargebacks and Additional Payment Terms

(a) – The Company will collect all receipts of ticket sales on behalf of the Seller and deduct all applicable fees and charges as stated in our pricing section. The Company will transfer all payments to you electronically to your Bank account registered with us.

10. Intellectual Property

(a) – You acknowledge that any intellectual property used on the Service or by the Company is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name “entry Rush”, for any purpose other than those expressly permitted in this Agreement. The Company reserves all rights to its all intellectual property.

(b) – The Service may utilize certain third party software, scripts, and applications (“Third Party Applications”) to deliver functionality to users. Your use of the Service is subject to the respective terms of use and licenses of all Third Party Applications.

(c) – You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any public material you post to the Site or share with the Company.

(d) Protection of your information. Shift Concepts and it’s partners commit to not share your personal information with any third parties. The information provided to us by you is solely for the purpose of your transaction and service from the client.

11. Awards

Shift Concepts serves as a market place for event organisers and we respect their individual terms on prize policy. Shift Concepts is not responsible for prizes or facilitating of such.

Events run within the Shift Concepts banner will use our standard prize giving policy of no attendance, no fee or prize in the case that an organiser does not have a policy on such.

Further to this, Shift Concepts and it’s partners, affiliate members or organisers groups will not provide prizes or prize money to sponsored (non paying), registrants to it’s events or it’s affiliate events. This is subject to each event operators policies. In the instance where no policy is written up or defined, an operator will be entitled to make use of the Shift Concepts policy.

12. General

(a) – The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).

(b) – If any dispute arises between you and the Company during your use of the Service or thereafter, in connection with and arising from your use or attempt to use the Service, the dispute shall be referred to arbitration. The arbitration proceedings shall be in the English language and the place of arbitration will be Johannesburg, South Africa. These Terms shall be governed by the laws of the State without regard to the principles of conflicts of law.

(c) – Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

(d) – Questions about the Terms of Service should be sent to info@shiftconcepts.co.za

12. Prizes

Shift Concepts serves as a market place for event organisers and we respect their individual terms on prize policy. Shift Concepts is not responsible for prizes or facilitating of such.

Events run within the Shift Concepts banner will use our standard prize giving policy of no attendance, no fee or prize in the case that an organiser does not have a policy on such.