Terms of Use

Ceremoney is the provider of a software application (“the App”) and related services (collectively “the Services”) used to manage, track and arrange payment for purchases made by guests at hosted events.

The Ceremoney App is owned and operated by Ceremoney (Pty) Ltd, registration number: 2019/231352/07 of 10 Wood Dove Place, Glen Eagles Estate, Kempton Park, 1630 (hereafter referred to as “CEREMONEY”, “we”, “us”).

Your usage of the App or any aspect of the Services shall be governed by these Terms of Use (“the Terms”). By using the App, you acknowledge that you have read and agree to be bound by these Terms. We may revise these Terms at any time, provided that notice of any such revision shall be prominently displayed to users of the App. Your continued usage of the App after posting notice of any revision shall be deemed to constitute your acceptance of the revised Terms.

The Ceremoney Services are intended for use by Guests, Event Hosts, Venue Partners and Service Representatives. For Event Hosts and Venue Partners, these Terms supplement the additional Ceremoney Terms of Service for such persons.

Commencement Date

The date on which you first download or install the Ceremoney App.

Communications Platform Provider

A third party who makes a messaging or communications platform or service available to Ceremoney for Users to use as part of the Services.

Event

A planned public or private occasion taking place at a Venue.

Event Budget

A monetary amount determined by an Event Host that the Event Host authorises to be spent at a Hosted Event.

Event Host

A natural or juristic person who has contracted with a Venue Partner to host an Event at a Venue.

Guest

A person attending a Hosted Event at the invitation of the Event Host.

Guest Event Wallet

A sub-account of the Event Host's Ceremoney account linked to an individual Guest, used to record allocated budget and all transactions for that Guest.

Hosted Event

An Event hosted at a Venue by agreement between the Venue Partner and an Event Host.

Service Representatives

Persons who provide waitron, bar-tending or other similar services to Guests at Events.

Services

The provision by Ceremoney of the App and related services for managing, tracking and arranging payment for purchases concluded using the App.

Stock Lists

Details of consumable items offered for sale at a Venue and the prices at which such items shall be offered for sale.

Territory

The Republic of South Africa.

Venue

A location at which an Event takes place.

Venue Partner

A person who has entered into a Venue Partner Agreement with Ceremoney in relation to a Venue.

These Terms shall become binding and effective on the Commencement Date and shall apply to all usage of the App.

Only persons aged 18 years or older may access and/or utilise the App. By using the App you warrant that you are 18 years of age or older and of full legal capacity. If you are under 18 years old, you may use the App only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives their consent, such person agrees to be bound to these Terms and to be responsible for you and all your obligations under these Terms.

You are required to register with us to make use of the App. To register, you may be required to provide certain accurate information which may include Personal Information such as an email address and password. Please keep such information updated, confidential and secure. We accept no liability for damages suffered from the unauthorised use of your personal information to access the App.

Any Personal Information that you provide via the App shall be treated and processed in strict compliance with any applicable law and subject to our Privacy Policy.

You specifically agree that you shall not process, share or use the Personal Information of any other person by means of or in relation to the App unless you have the prior consent of such person. You acknowledge and agree that Ceremoney may make use of third party Communications Platform Providers including WhatsApp LLC. You agree to comply with the terms and conditions of such providers.

Subject to these Terms, Ceremoney licences the App for free usage by Guests. Usage of the App by Event Hosts and Venue Partners shall be regulated by the Terms of Service for such persons read together with these Terms. The licence granted is non-exclusive, non-transferable, revocable and limited to use solely in accordance with these Terms.

CEREMONEY LICENCES AND SUPPLIES THE APP AND THE SERVICES “AS IS”. CEREMONEY MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE OR THE SERVICES SHALL BE FREE FROM DEFECT, ALWAYS AVAILABLE OR FIT FOR ANY PARTICULAR PURPOSE AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY DISCLAIMED.

We will not charge you to download the App to your mobile device. You are responsible for all carrier network or other data charges associated with the download.

The App will use cellular networks and/or Wi-Fi connections of your mobile device. Ceremoney cannot be held responsible for any interruption, disconnection or distortion of your cellular network or Wi-Fi service. Please ensure that you use the latest version of the App.

You commit to socially responsible usage of the App at all times. You acknowledge that your ability to make use of the App to order items at a Venue does not constitute an instruction or authorisation by Ceremoney to a Venue Partner or any of its personnel to make any particular service available to you.

You acknowledge that Ceremoney is not the supplier of any goods or services supplied to you at a Venue as a consequence of your use of the App and shall have no liability for any damages, loss or harm suffered in relation to such supply.

Ceremoney will not refund any unspent credit in a Guest Wallet to any Guest. Event Hosts shall have the sole and unfettered discretion to reduce, add to, revoke or re-allocate credits applied to Guest Wallets prior to any such credits being used.

You shall not use any credits in your Guest Wallet to order or facilitate the ordering of alcohol, tobacco or other regulated substances to any persons not lawfully entitled to purchase or be publicly served such substances in accordance with the laws of the Territory.

You agree to honest and responsible usage of the App at all times. You specifically acknowledge that it is prohibited for Service Representatives to place orders for or on behalf of bona fide Guests at Events, and to use the App to order or facilitate the ordering of alcohol, tobacco or other regulated substances to any persons not lawfully entitled to receive such substances.

You acknowledge and agree that Ceremoney may monitor your usage of the App at or in relation to an Event, including order histories and any tips or gratuities, and may share such information with the relevant Event Host and Venue Partners for expenditure tracking, stock management and auditing purposes.

Service Representatives will not be paid any tips or gratuities by Ceremoney. Where the App enables Guests or Event Hosts to allocate tips to Service Representatives, such amounts will be paid to Venue Partners directly and dealt with further in terms of any agreements between Venue Partners and Service Representatives.

USE OF THE APP IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE APP WILL BE UNINTERRUPTED OR ERROR FREE. WE ACCEPT NO LIABILITY, TO THE EXTENT PERMITTED BY LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM THE ACCESS OR USE OF THE APP.

YOU ACKNOWLEDGE THAT CEREMONEY MAY MAKE USE OF SECURE THIRD PARTY PAYMENT GATEWAYS SUCH AS OZOW AND OTHERS FOR CREDIT CARD AND/OR ELECTRONIC FUNDS TRANSFERS INITIATED BY MEANS OF THE APP. AT NO TIME DOES CEREMONEY COLLECT OR RETAIN DEBIT CARD OR CREDIT CARD DETAILS ON ITS OWN SYSTEMS. CARD DETAILS ARE HANDLED DIRECTLY BY THE THIRD-PARTY PAYMENT GATEWAY PROVIDERS USED BY CEREMONEY.

You agree to indemnify and hold Ceremoney, its directors, employees and agents harmless in relation to any claim made against Ceremoney, or any costs or losses sustained by Ceremoney, where such claim, cost, loss or penalty results from your breach of these Terms including the Ceremoney Privacy Policy or the terms of any Communications Platform Provider expressly incorporated into these Terms.

Without prejudice to any other rights and remedies available to us, if you fail to comply with these Terms we may immediately terminate your access or use of the App and/or delete your App account. We are not responsible for any loss or damage related to your inability to access the App based on such termination.

Entire agreement

These Terms, together with all documents incorporated by reference, contain the entire agreement between the Parties.

Governing law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Invalidity

Any provision of these Terms which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity without invalidating the remaining provisions.

Severability

Each undertaking in these Terms shall be construed as a separate undertaking. If one or more of the undertakings is found to be unenforceable, the remaining undertakings shall continue to bind the Parties.

Cumulative Rights

The rights and remedies of Ceremoney under these Terms are cumulative and in addition to any rights and remedies provided by law.