Howler Terms & Conditions

Last updated: 03 August 2020

Your use of this Website (as defined below) is subject to these terms and conditions (“Website Terms”). You must read these Website Terms carefully before using this Website, as your continued use signifies your acceptance of them.

You should pay special attention to the parts in bold, as they have especially important consequences for you. For example, they may limit the risk or liability of Howler or a third party, create risk or responsibility for you, compel you to indemnify Howler or a third party, or serve as an acknowledgement of fact by you.

Not all terms are necessarily defined in order.


What Do These Website Terms Regulate?

Thank you for visiting our Website. Whether you are a guest, a registered Howler merchant, or a Howler Account user, these Website Terms (together with all documents referred to in them) outline the terms of use governing your interaction with websites belonging to Afeleton Proprietary Limited or Howler International Limited (“Howler”, “we”, “our” or “us”), including any related mobi-sites or software applications accessible at www.howler.co.za and www.howler.events (“Website”).

Afeleton Proprietary Limited is a private limited liability company registered in and acting in accordance with the laws of South Africa (registration number 2009/016028/07).
Howler International Limited is a private company limited by shares, registered in England and Wales (company number 12735853).
Howler Europe B.V. is a private limited liability company registered in the Netherlands (company number 90098951).

The use of our Website includes accessing, browsing, linking, or downloading any information made available (“Content”) and using any services made available (“Services”).


Your Agreement to These Website Terms and Additional Terms

By accessing or continuing to use our Website, Content, and/or Services, you agree to enter into a legally binding contract with us in accordance with these Website Terms, as well as any additional Service Terms applicable to the specific Services you acquire from us.

These Website Terms also refer to the following additional terms, conditions, and policies, which apply to your use of our Website and certain Services:

  • If you are a business (for example, a Howler merchant who has subscribed for payment solutions or merchant services), our General Service Terms will apply.

  • Our Privacy Policy, and any additional policies that may be uploaded or updated on our Website, supplement these Terms and govern the acceptable use of our Website and Services.

Many features of the Website may be used by anyone of any age. However, only users aged 18 (eighteen) or older may use our Services or provide personal information for processing.
If you are under 18, you may use the Website only under the supervision of a parent or legal guardian. By supervising you and granting consent, that person agrees to be bound by these Terms and to accept liability and responsibility for your actions.

We collect and process personal information in accordance with our Privacy Policy. By disclosing or submitting your personal information, you consent to our collection, processing, and storage of that information for the purposes described in the Privacy Policy.

We may update our Website, its Content, these Website Terms, and our Privacy Policy from time to time at our discretion. Each time you use the Website or Services, it is your responsibility to review these Terms for updates.
If you do not agree with any updates, you must discontinue use of the Website and our Services.

Accessing the Website


You agree that you are responsible for obtaining and maintaining all facilities, services, products, and equipment required to access and use the Website and our Services. This includes your own hardware, software, modem, internet connectivity, and communication infrastructure.

We do not guarantee that our Website or any Content will always be fully accessible, virus-free, or uninterrupted. We will not be liable for any reason if the Website or Services become unavailable at any time or for any period.

Unauthorised use of the Website may result in a claim for damages and/or constitute a criminal offence. You must not use this Website for any illegal activity or if you do not agree to these Terms.

To use certain Website features (such as subscribing to Services), you must complete the registration process and create an Account. You agree to provide accurate, current, and complete information during registration.


Accuracy of Information

While we make every effort to ensure that the information on our Website is accurate and up to date, we make no warranties or representations about its accuracy, completeness, or reliability.
The Website, its Content, and the Services are provided “as is” and “as available”, without any guarantees of any kind.

You are solely responsible for verifying any information obtained through the Website before relying on it.
Any reliance you place on such information is entirely at your own risk.


Behaviour and Conduct

When using this Website, you agree to act lawfully, courteously, and in good faith. You must not:

  • Post or transmit any unlawful, threatening, defamatory, obscene, or otherwise objectionable material.

  • Infringe upon or violate the intellectual property rights of others.

  • Engage in activity that could damage, disable, or overburden our servers or networks.

  • Attempt to gain unauthorised access to any portion of the Website or our systems.

We reserve the right, without prior notice, to remove or restrict access to any content or user account that violates these Terms, or that we believe may harm Howler, our users, or the integrity of our Website.

Prohibited Use

You agree not to use the Website, Content, or Services:

  • For any purpose that is illegal or prohibited by these Terms;

  • In a way that interferes with or disrupts the operation of the Website;

  • To reproduce, duplicate, copy, sell, trade, or exploit any part of the Website or its Content for commercial purposes without our prior written consent;

  • To use automated systems (such as bots or scrapers) to access or interact with the Website without our written permission;

  • To transmit or upload viruses, malware, or any code of a destructive nature.

We may monitor your use of the Website to ensure compliance with these Terms, and we may suspend or terminate your access if any prohibited conduct occurs.


Intellectual Property Rights

All intellectual property rights in and to the Website, including its Content, trademarks, logos, designs, software, and underlying code, are owned by or licensed to Howler.
These rights are protected by copyright, trademark, and other laws and treaties around the world. All such rights are reserved.

You may print or download extracts of the Website for your personal, non-commercial use only, provided that:

  • No modifications are made;

  • You do not use the material in a misleading or derogatory manner; and

  • Our ownership and copyright notices remain intact.

You must not use, reproduce, distribute, or modify any part of the Website or its Content without our explicit written permission.

Linking To Third-Party Websites

Our Website may include links to third-party websites (“Third-Party Websites”). These links are provided for your convenience, and we do not control or endorse the content on those websites.

Your use of any Third-Party Website is entirely at your own risk, and you must comply with the terms, policies, and regulations of those websites. We cannot be held responsible for any loss, damage, or claim arising from your use of a Third-Party Website.


Public Forums and User-Generated Content

The Website may contain interactive features such as forums, blogs, chat rooms, or social networking services (“Public Forums”), where you can post content including text, images, or videos (“Postings”).

By posting content:

  • You confirm that your Postings are original, do not infringe anyone else’s rights, and are not offensive, defamatory, obscene, or illegal.

  • You grant Howler a royalty-free, worldwide, perpetual, and sublicensable license to use, copy, modify, and display your Postings in connection with the Website or Services.

  • Your Postings are not confidential, and Howler may remove or modify them at our discretion.

We are not responsible for any statements, opinions, or content posted by other users, and you agree to release Howler from all claims related to disputes with other users.


Privacy and Personal Information

We collect, process, and store your personal information in accordance with our Privacy Policy. By submitting personal information to us:

  • You consent to us using your information for the purposes outlined in the Privacy Policy;

  • You confirm that the information you provide is accurate, complete, and up to date;

  • If you are under 18, your parent or legal guardian must consent to the collection and use of your personal information.

You must comply with all applicable laws regarding data privacy and online conduct. If you do not agree with our Privacy Policy, you must stop using the Website immediately.


Security

You are responsible for:

  • Maintaining the security of your account, passwords, and devices;

  • Not sharing your login details with others;

  • Ensuring that your computer or device is free from malware when using the Website.

You must not attempt to hack, access, or interfere with the Website or its systems. Unauthorized use may result in legal action.


Indemnity

You Agree To Defend, Indemnify, And Hold Harmless Howler, Its Officers, Employees, Agents, Affiliates, And Service Providers From Any Claims, Losses, Damages, Liabilities, Costs, Or Expenses (Including Legal Fees) Arising From:

  • Your Use Of The Website Or Services;

  • Any Breach Of These Website Terms;

  • Any Violation Of Third-Party Rights (Including Intellectual Property Or Privacy Rights); Or

  • Any Content You Submit That Causes Damage Or Loss To Others.

This obligation survives termination of your use of the Website or Services.


Limitation Of Liability

To The Extent Permitted By Law:

  • Howler And Its Affiliates Are Not Responsible For Any Loss, Damage, Or Liability Arising From Your Use Or Inability To Use The Website, Content, Or Services.

  • Nothing In These Terms Limits Howler’s Liability For Gross Negligence, Wilful Misconduct, Or Other Liability That Cannot Be Excluded By Law.


Exclusion Of Warranties

The Website, Services, And Content Are Provided On An “As Is” And “As Available” Basis.
Howler Does Not Guarantee:

  • The Accuracy, Completeness, Or Timeliness Of Content;

  • The Availability, Security, Or Functionality Of The Website Or Services;

  • That The Website Meets Your Individual Requirements.


Event Tickets: Cancellations And Refunds

You May Cancel Booked Tickets Only If They Have Not Yet Been Issued By Contacting support@howler.co.za.

Refunds And Cancellation Fees Depend On Timing:

  • More Than 30 Days Before Event: 25% Fee;

  • 7–30 Days Before Event: 50% Fee;

  • Less Than 7 Days Before Event: 75% Fee.

Exceptions Apply For Death Or Incapacity, Where No Fee Will Be Charged.

Event Organisers Control:

  • Admission Decisions;

  • Program Or Seating Changes;

  • Event Postponements Or Cancellations.

Refunds Are At The Discretion Of The Event Organiser And May Include Deduction Of Booking Fees Or Costs. Refunds Are Issued Using The Same Payment Method Used For Purchase.


General Terms

  • These Website Terms Are Governed By English Law For Events In Europe And South African Law For All Other Events.

  • No Leniency, Extension, Or Indulgence By Howler Will Constitute A Waiver Of Any Rights.

  • Words In The Singular Include The Plural And Vice Versa. Words Referring To One Gender Include All Genders.

  • These Terms Constitute The Entire Agreement Between You And Howler Regarding Use Of The Website, Services, And Content.

  • The Website Is Not Intended For Minors Under 18 Years Old. If Minors Access The Website, They Must Be Assisted By A Legal Guardian.

  • Any Disputes Will Be Subject To The Exclusive Jurisdiction Of Courts In Johannesburg, South Africa, Except For Events Located In Europe.

  • Failure To Exercise Any Right Or Provision Does Not Constitute A Waiver Of That Right Or Provision.

  • If Any Term Is Invalid, The Remaining Terms Remain In Full Force And Effect.

  • You May Not Transfer Your Rights Or Obligations Under These Terms To Any Third Party.

  • You May Terminate These Terms By Ceasing Use Of The Website And Destroying All Materials Downloaded From It.


GDPR And POPI Compliance

  • If These Terms Or Services Are Subject To GDPR (Europe) Or POPI (South Africa), They Must Be Interpreted To Comply With These Laws.


Howler Contact Information

Afeleton Proprietary Limited (Howler – South Africa)

Howler International Limited (UK)

Howler Europe B.V. (Netherlands)


Monthly Payment Plan Terms & Conditions

  • These Terms Apply To Ticket Purchases Using The Monthly Payment Plan In Addition To The Standard Website Terms.

  • You Must Have A Valid Credit/Debit Card In Your Name.

  • Tickets Can Be Paid In Instalments Over A Set Period.

  • Total Cost = Face Value + Booking Fee (Additional Fees). These Are Charged With The First Instalment.

  • Subsequent Instalments Are Deducted Monthly Without Prior Notice.

  • Failure To Make Payment May Result In Ticket Cancellation Without Refund Of Previous Payments Or Fees.

  • Booking Fees And Instalments Are Non-Refundable, Unless Stated Otherwise.

  • Ensure Card Details Are Correct And Not Expiring Before The Final Instalment. Lost Or Stolen Cards Must Be Updated Via Howler Contact Page

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