Terms and Conditions

For the purposes of the following Terms and Conditions:

"Account" refers to the unique account created by the User to access the Services offered by WMP.

"Buyer" means any User purchasing a Ticket through WMP.

"Content" refers to any data uploaded to WMP by the User including but not limited to pictures, videos, written submissions, etc.

"Developer" refers to What's My Plans (Pty) Ltd, a private company incorporated and registered in terms of the Companies Act 71 of 2008 in the Republic of South Africa with registration number 2025/721790/07.

"Event" means any party, concert, show, festival, sporting event, or other activity for which Tickets are sold.

"Event Organizer" means the natural person alternatively juristic entity organizing and hosting the Event and who is fully responsible for its management, delivery, and any issues arising from it.

"Feedback" refers to rating, commentary, suggestions, requests and any other form of correspondence.

"Marketplace" refers to the digital platform whereon Marketplace Tickets to Verified Events are resold.

"Marketplace Ticket" means a Ticket to a Verified Event listed and sold by a Third-Party Seller.

"Privacy Policy" refers to the privacy policy as contemplated by WMP.

"Terms and Conditions" refer to these terms and conditions which govern the access and use of WMP.

"Third-Party Seller" means any User who lists alternatively sells a Marketplace Ticket as the merchant of record through WMP.

"Ticket" means any ticket, pass, voucher, or digital credential granting access to an event.

"User" refers to the natural person making use of and accessing WMP, who warrants themself to be over 18 years of age. User may also refer to a juristic person making use of and accessing WMP. For simplicity, the User will be referred to as they/them/their/themselves throughout these Terms and Conditions.

"WMP" refers to What's My Plans, the application downloaded on an array of electronic devices by the User, also referred to as the "Application".

"WMP-Sold Ticket" means a Ticket sold to a User directly by WMP as the merchant of record.

"VAT" means value-added tax as contemplated in the Value Added Tax Act 89 of 1991.

"Verified Event" means an official Event organized by a Verified User.

"Verified User" means a User who has agreed to the relevant terms and conditions in respect of verification and has paid the verification fee.

The below Terms and Conditions govern the agreement between the User and WMP for use and enjoyment of WMP. Further to this, the below Terms and Conditions set out the rights and obligations of all Users.

Access and use of WMP is contingent upon agreement to, and compliance with, the Privacy Policy as well as the Terms and Conditions set out below. Further to this, access and use of WMP warrants the reasonable assumption that both the Terms and Conditions as well as the Privacy Policy have been read and agreed to by the User and/or visitor.

Finally, the User and/or visitor binds themselves to the Terms and Conditions as well as the Privacy Policy upon access and use of WMP.

The User agrees not to:

harass, threaten, or abuse other Users.

misrepresent their identity.

interfere with WMP's security or functionality.

WMP has no tolerance for objectionable Content or abusive Users, including harassment, threats, hate, sexual exploitation, scams, spam, illegal content, or conduct that creates an unsafe environment.

Users may report objectionable Content, report abusive Users, and block abusive Users from in-app safety controls.

WMP reviews objectionable Content reports within 24 hours and may remove Content, restrict access, suspend accounts, or eject Users who provide offending Content or abuse other Users.

WMP enables:

Users to interact with one another.

WMP to sell Tickets directly to Buyers.

Third-Party Sellers to list and sell their purchased Tickets to Buyers.

Accordingly, WMP acts as both the merchant of record in respect of WMP-Sold Tickets as well as the marketplace facilitator in respect of Marketplace Tickets.

Please note that the role applicable to each transaction shall be disclosed at checkout.

Third-Party Sellers must ensure that they only list and sell Tickets to which they have a legal right to list and sell, and that a valid, usable Ticket is delivered to the Buyer.

No counterfeit, fraudulent, void, or restricted Tickets are to be listed and/or sold.

The Third-Party Seller is responsible for the accuracy and validity of the Ticket.

WMP reserves the right to remove listings, suspend accounts, or withhold payouts if fraudulent or suspicious activity is suspected.

When the User purchases a ticket, they agree and understand that:

they must pay the purchase price and any VAT-inclusive transaction or service fees disclosed before checkout.

all Ticket sales are final unless otherwise stated.

they are responsible for ensuring the accuracy of their order.

they must comply with all Event and venue rules.

In these transactions WMP shall act as the merchant of record.

WMP warrants the validity of the Ticket.

However, WMP is not responsible for Event changes, postponements, or cancellations unless so required by law.

Refunds, exchanges, or cancellations are governed by WMP's Refunds Policy and the relevant applicable law.

Marketplace Tickets create an agreement between the Third-Party Seller and the Buyer.

WMP only takes on the role of the marketplace facilitator and cannot guarantee entry into the Event in respect of Marketplace Tickets.

Accordingly, the Third-Party Seller is responsible for the Ticket validity, accuracy, and delivery.

The following parties are subject to the following fees:

Event Organizers are liable for a commission cost on each Ticket sold.

Buyers are only liable for the ticket price and any transaction or service fees disclosed before checkout. User-facing transaction and service fees are stated VAT-inclusive where VAT applies.

Third-Party Sellers are liable for a commission cost on each Marketplace Ticket sold.

Please note that all buyer fees shall be disclosed at checkout and are processed through third-party payment providers.

Payout fees may be deducted from host or seller payouts and will be disclosed VAT-inclusive before a payout request is confirmed. WMP may update transaction and payout fees by publishing or displaying the applicable fee schedule before the relevant transaction or payout.

Users should note that any Event changes, cancellations, and postponements shall not be the responsibility of WMP but rather the Event Organizer.

Any WMP-Sold Ticket and Marketplace Ticket refunds will be dealt with as per WMP's Refunds Policy.

In order for WMP to provide the services offered, it will use the User's device location to provide features including, but not limited to, proximity-based matching, location-based search results, and safety-related features.

By using WMP the User consents to the collection of their precise or approximate location, use of such precise or approximate location to show to other Users, and storage of the User's location data for WMP's functionality.

The User may disable their location access at any time.

However, certain WMP features may not function without location access.

WMP collects and processes personal information strictly in accordance with the Protection of Personal Information Act and its Privacy Policy available on the website.

The User is granted the right to upload and display Content of their choosing provided that same is in accordance with the Terms and Conditions.

The User takes sole responsibility for the content they post and any consequences as a result thereof.

WMP does not take responsibility in respect of Content uploaded by the User.

No Content which is unlawful, contra bones mores, graphic, intended to incite violence, discriminatory, offensive, obscene, defamatory and/or threatening may be uploaded by the User.

The User may further not upload any content which amounts to spam and/or false information as well as any Content containing viruses of any kind.

WMP has sole discretion, but no obligation, to exercise its rights regarding the decision of whether the Content conflicts with the Terms and Conditions.

In the event that such Content is in contravention with any term or condition, WMP reserves the right to remove such Content without further notice to the User.

The User warrants that any Content uploaded by them is their original work and owned by them alternatively that the User has the necessary permission to display and use the Content, as well as grant WMP rights as set out in these Terms and Conditions.

The User further warrants that uploading the Content is not in contravention with any law in South Africa.

The User provides WMP with a non-exclusive, worldwide right and license to use, modify, publicly perform, display, reproduce, and distribute any Content uploaded by the User, whilst retaining ownership and use and enjoyment of same.

WMP endeavours to regularly back its data up. However, in the event that any data and/or Content is lost alternatively corrupted, such loss alternatively corruption cannot be attributable to WMP. Accordingly, WMP cannot be held liable.

WMP endeavours to assist the User to recover their Content to the best of WMP's ability but does not guarantee that same will be successful. Accordingly, WMP suggests that the User maintains a separate copy of the Content.

WMP bears no liability for the content and/or practices that form part of any third-party websites or services, which are neither owned nor controlled by WMP, but whose links are accessible from WMP. Accordingly, any alleged damage and/or loss in connection with or as a result of reliance on the content, practices and/or use and enjoyment of the aforementioned third-party websites or services will not be attributable to WMP.

WMP owns the entirety of its original content, features, and functionality to the exclusion of all others. Same is protected by both national and international copyright, trademark, and other intellectual property laws.

Express written consent from WMP is required prior to use of WMP trademarks in connection with any product and/or service. Retroactive written consent will be considered null and void.

WMP undertakes to investigate all legitimate claims of intellectual property infringement on the proviso that the alleged infringement is set out in detail and submitted in writing to the legal department at legal@whatsmyplans.com.

In the event of frivolous and vexatious infringement claims, the User will be held responsible for any and all damages in the course of investigating and defending against such claim including, but not limited to, legal fees.

The User guarantees the accuracy and completeness of the information provided to WMP upon creation of an Account. Any failure to provide accurate, complete and up to date information amounts to a breach of the Terms and Conditions and WMP has the right, but not obligation, to immediately terminate the User's Account without notice.

The User must not create an Account with a username that is offensive, vulgar, or in contravention of any intellectual property rights.

The User is responsible for the security relating to their account and undertakes not to share their password with any third party.

The User further undertakes to alert WMP of any breach in security alternatively unauthorised access to their account as soon as the User becomes aware of same.

WMP reserves the right to suspend or terminate the User's Account with immediate effect, and without prior or subsequent notice to such User, on any grounds including, but not limited to, breach of the Terms and Conditions or Privacy Policy.

Any and all rights, titles and/or interest in feedback, alternatively concepts/designs/solutions borne from the User's feedback are designated as the intellectual property of WMP. Should such designation be found to be ineffectual, the User agrees to irrevocably grant WMP unencumbered, continuous, non-exclusive worldwide right and license to use, exploit, reproduce, modify, distribute, disclose, and/or sub-license such feedback without the requisite of payment of royalties.

Please note that to the maximum extent permitted by law:

WMP is provided "as is".

WMP does not warrant uninterrupted, error-free use of WMP.

WMP is not liable for the actions of any Event Organizer, Third-Party Seller, or venue.

WMP does not guarantee the accuracy of User-generated Content.

WMP is provided with all faults and defects to the User without implied, tacit, express, and/or statutory warranties of any kind insofar as it is not contra bones mores.

WMP's liability in respect to any damages suffered by the User is limited to the monetary value in the amount of R10 000.00.

The User abandons any claim for damages, in any form and resulting from WMP insofar as such limited liability is acceptable in the governing legal system.

Dispute resolution

Internal dispute resolution procedure must be followed prior to instituting/launching any external procedures and processes.

In the event that the Parties are unable to internally resolve the dispute, the User agrees to the jurisdiction of the appropriate High Court.

Governing law

This Agreement is governed by the laws of the Republic of South Africa.

Severability

If any of the terms and conditions set out herein are found to be contra bones mores, unenforceable, and/or invalid, the aforementioned term or condition will be re-interpreted in such manner that it still accomplishes the objectives of these Terms and Conditions whilst meeting any requirements to make same enforceable and/or valid.

If the above-mentioned re-interpretation is not possible, the problematic term or condition shall cease to exist whilst the remaining terms and conditions remain in full force and effect.

Waiver

Any indulgence, failure to exercise a right, and/or failure to demand specific performance of an obligation in terms of these Terms and Conditions does not amount to a waiver of any rights afforded to WMP in terms of same.

Amendments

WMP reserves its right to, in its sole discretion, amend the Terms and Conditions at any time.

In the event that the amendment is material, WMP will provide, at minimum, a 30 (thirty) day notice period before the amendment comes into effect whereafter continued use of WMP amounts to acceptance of the amendment and the User is bound by same.

Translation

In the event that the Terms and Conditions are translated into any language and a dispute arises, the original English text must be used when interpreting the Terms and Conditions as a whole.