Terms of Use

Thank you for using Sociable, where you can arrange events, attend others’ events and network socially in a way that meets your needs.

Sociable is brought to you by Ubiquity Applications (Pty) Ltd. (We, Our Us) and can be accessed via the app or via the Sociable website located at https://thesociableapp.com

These terms and conditions are our terms of service that govern our relationship with all users and others who interact with us via (“Sociable” formerly "Howya"), whether via the app or website.

1. This Agreement.

1. By accessing or creating a Sociable account or otherwise by using Sociable, you are agreeing to these terms which form a legally binding agreement between you and us, and in return for you agreeing to those, we will give you access to Sociable and its functionality, content and related services.
2. This is a legally binding agreement between you and us which will continue to apply while you maintain a Sociable account or otherwise access Sociable via the app or website.
3. The terms of this agreement may be amended from time to time and if they are amended, you will be asked upon your next Sociable access to agree to the new terms. Until you choose to agree to those terms, further access to Sociable may not be provided.
4. Sociable is currently offered in the English language only but we reserve the right to offer Sociable in other languages too.

2. Content Posted to Sociable.

1. You own all of the content and information you post on Sociable.
2. For content in which there subsists intellectual property rights, such as photos,images and videos (IP content) –

• you represent and warrant that any IP content you post, share or otherwise use on Sociable does not infringe in any way, whether directly or indirectly, upon any third party’s intellectual property rights, including, without limitation, any patent, copyright, trademark, trade secret, or any other proprietary information whatsoever;
• you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any IP content that you post on any Sociable platform. That licence ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

1. When you delete IP content, you understand that your data will, notwithstanding deletion, be stored in our backup systems for a period that will not exceed (and may be less than) five (5) years for the sole purpose of return to you should you request it. Your IP content will not be available to others.
2. Also, any communication or material that you transmit to or post on Sociable including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit.

3. Advertising Content.

1. We may display advertising, sponsored or commercial content (together, Advertising Content) on Sociable separately from or in conjunction with your content. The mode, manner, and extent of the Advertising Content may change from time to time without specific notice provided to you.
2. Some Advertising Content displayed on Sociable may be based on information collected from tracking technologies. These technologies are used to fine tune the Advertising Content to products and services that will better suit your needs.

4. Sociable Accounts and Specific Rules.

1. Free Accounts

If you have a Free Account:

1. you may use the Account to organise events:
   1. for up to 20 attendees; and
   2. no earlier than one week in advance of the event (that is, you may set the date of the event as occurring no later than one week after entry of the event into Sociable);
2. you are not required to pay a fee for the Account; and
3. our ticketing (pass) service cannot be used for your event.

Changes to Account Fees and Charges.

1. We reserve the right to change our fees and charges at any time and we do not warrant that any monthly or other periodic charges will remain the same each month or other period, including automatically recurring fees and charges. However, when we do change any fees or charges, you will be notified via the app
2. Once your subscription for a Level 1 Account, Level 2 Account or a Level 3 Account commences you will not be entitled to a refund for any payments made in respect of your subscription, irrespective whether or not you used the Account. You may cancel your subscription where you no longer wish to subscribe for an Account. Should you cancel your subscription, you will have access to your Account until the end of the period for which you have paid.

6. Payments.

1. We will invoice you for all payments due to us in respect of your Account.
2. Invoices will be delivered by email and may also be downloaded via the app.
3. All invoices are payable within the timeframe set out in the invoices themselves (which may differ from invoice to invoice depending on what you have been charged for).

7. Ticketing (Pass) Services.

Use of the Sociable Ticketing (Pass) Service

1. The Sociable ticketing (pass) service allows you (a host) to sell tickets for your events via our app or via the Sociable website.
2. Sociable maintains it's position as a service provider. We offer a platform for event creators to list, manage and promote their events including but not limited to the sale of tickets for these events. As such Sociable will assume no liability for the events hosted.
3. As aforementioned Sociable assumes no liability or responsibility for matters pertaining to the creating, promotion or management of an event. Therefore, each ticket (pass) purchased will be subject to the event-specific terms and conditions put forward by the creator/host of the event.
4. We do not guarantee the accuracy of event descriptions, and we do not determine or control ticket (pass) prices or their availability. We are not responsible for any inaccuracy, unavailability, cancellations or changes in pricing that may occur, nor for any cancellations or changes in the event.

Ticketing (Pass) Pricing

1. Ticket (Pass) prices are at your discretion as the host.
2. Ticket (Pass) prices will be quoted to attendees inclusive of VAT

Charges and Expenses

1. Sociable charges a service fee of 5.5% excluding the service fees associated with our payment gateway provider Paystack. The service fee is calculated on the VAT exclusive prices of your tickets
2. Service fees from payment gateways are subject to change
3. You, as the host, will be responsible for any fees and expenses involved with any erroneous or chargeback transactions, whether they are transactions entered by you or by attendees seeking to pay using the app, and including bank charges, and all such fees and expenses may be charged to the credit card whose details you have supplied and/or deducted from pending settlements.
4. All payments to be made to you through the app will be held until three to ten working days from when the event is completed have lapsed, or in any event until payments by attendees clear, after which all held ticket (pass) sums will be paid to you less our service fee and less service fees from third-party payment gateways and less our service fee referred to in (1) and expenses referred to in (2) and expenses referred to in (3) above.
5. The fees and expenses set out above are charged to the host and are non-refundable.

Ticket (Pass) Purchasing

1. Attendees will purchase tickets using the approved payment methods provided as options during the payment stage. Attendees make use of any of the payment methods at their own risk.
2. Attendees authorise Sociable to:
   1. Debit the purchase price from accounts they nominate during the payment stage whenever they submit a purchase order via the app or website; and
   2. Issue refunds to the same, nominated accounts.
3. Tickets (Passes) will not be issued until payment of the full purchase has cleared.

Refunds

1. Refund requests are to be determined in accordance with the terms set by the host, however Sociable will be entitled to charge and deduct its service fee and deduct expenses in relation to any and all refunds.
2. In exceptional circumstances, and in Sociable’s the sole discretion, Sociable may refund an attendee the purchase price of their ticket (pass) on behalf of the host, provided that:
   1. Where Sociable refunds the attendee the purchase price, Sociable will be entitled to deduct the purchase price, Sociable’s service fee and any fees and expenses (including bank charges) from any amounts held by Sociable to be paid to the host or to claim the purchase price, Sociable’s service fee and any fees and expenses (including bank charges) from the host.
   2. The host will have no claims against Sociable in respect of any refunds made by Sociable to attendees.
   3. Refunds will be processed by Sociable using the payment method used for the purchase of the ticket (pass)

8. Safety.

1. Sociable applies a validation process to user content uploaded onto Sociable, to help ensure public posts do not offend our safety standards.
2. However, we are not responsible for the media or other content Sociable users share with each other or post to Sociable and so we cannot and do not guarantee the accuracy, legitimacy or safety of all or any user events or posts.
3. You acknowledge and undertake to access or use Sociable at your own risk and you agree that we will not accept any responsibility for any risks or danger that may arise from your access or creation of a Sociable account or otherwise through your use of Sociable.
4. You agree that in accessing Sociable you will not at any time:

• post unauthorized commercial communications (such as spam) on Sociable, or use any Sociable users’ information for the purpose of sending those users any such communications;
• collect Sociable users' content or information, or otherwise access Sociable, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
• engage in or promote any unlawful activity via Sociable;
• upload viruses or any malicious code to Sociable nor transmit anything like that to any Sociable users;
• solicit Sociable login information or access a Sociable account belonging to someone else;
• bully, intimidate, or harass any person via Sociable;
• post or transmit to Sociable any unlawful, threatening, misleading, malicious, discriminatory, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of Sociable or any of our systems;
• use Sociable to create or sponsor any alcohol-related, dating or other mature event (nor advertise the same) without having in place appropriate age- based restrictions;
• do anything that could disable, overburden, or impair the proper working or appearance of Sociable such as a denial of service attack or interference with page rendering or other Sociable functionality;
• facilitate or encourage any violations of any of these terms.

1. While we have taken all reasonable steps to help ensure so, we do not warrant that Sociable or the materials accessible via Sociable are or will be:

• free from viruses;
• able to be accessed without interruption; or
• accurate, complete, adequate or suitable for any particular purpose.

1. We only provide and make the Sociable platform available for use. Sociable users are solely responsible for organising, hosting and/or attending events using Sociable and

we will have no responsibility or liability in this regard. To the extent that you use Sociable to organise and event, you are also responsible for ensuring that you comply with any and all laws and regulations that may apply to such events, including, without limitation, complying with safety regulations, and obtaining any applicable permissions, licences and insurance, and you are fully responsible for any costs and associated risks in relation thereto.

9. Registration and Account Security.

1. All Sociable users must in setting up a Sociable account provide their real names and information.
2. In order to help ensure the security of Sociable user accounts, you agree that you will not:

• provide any false personal information in setting up a Sociable account nor create an account for anyone other than yourself without permission;
• create more than one personal account;
• if we disable your account, create another one without our permission;
• allow out of date or incorrect contact information for you to remain in your Sociable account details, but will instead keep your contact information accurate and up-to-date;
• share your password, let anyone else access your account, nor do anything else that might jeopardize the security of your account;
• transfer your account to anyone without first getting our written permission.

1. Sociable requires its users to be at least 18 years old (or such higher minimum age as may apply in your jurisdiction) to be eligible to create an account.

10.Copying Sociable Materials.

1. Other than via the ordinary use of Sociable, you will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of the Sociable app or Sociable website including any text, images or other content or data contained on or within Sociable, without our prior express written permission or unless expressly authorised by these terms.
2. You may download, copy and reproduce for your own personal use details of events posted on Sociable but must not make commercial use of any such events without our prior express written permission (or in the case of business users unless otherwise expressly authorised in these terms).
3. You may download and copy other materials from this site for your own personal non-commercial use, but you must not distribute, modify, transmit, reuse, repost, or make use of any such materials in any way whatsoever for any other purpose without our prior express written permission.
4. All copyrights, trademark rights and other rights in or arising out of the Sociable app and website and their content are either owned by or under licence to us, and we reserve all of those rights.

10.Termination.

1. We reserve the right to terminate this agreement, your access to or accounts with Sociable, or the listing of any one or more of the events you enter into Sociable, at any time without notice and with or without any reason. You agree that we will have no liability to you whatsoever in respect of or arising in any way out of our cancellation or suspension of any event, account or level of access.
2. Your access to Sociable is at all times within our sole discretion, but if we do terminate your access to something you have paid us for other than for your breach of these terms, we will refund to you any sums in respect of access or services you have paid for but not received.
3. All restrictions, licences granted by you and all disclaimers and limitations of our liability in these terms will survive termination, although you will no longer be authorised to access Sociable or your Sociable account(s).

11.Information on Website.

The sole purpose for Sociable is to encourage and facilitate:

• its users to interact and network with each other;
• students to arrange events, attend others’ events and network socially in a way that meets their needs; and
• business users to advertise services that will add value to student events and networking.

You acknowledge that:

• Sociable is not and does not provide a professional advice service and the Sociable platform is in no way a substitute for any professional services or any specialist type of help or advice;
• any resources on Sociable are provided for your information only and do not constitute professional advice of any sort;
• any user-posted resources, events or advertisements for services are not resources, events or services provided by us and we will not be responsible for your reliance upon any such resources, reliance upon information arising out of, or attendance at, such events, nor your engagement of or reliance upon any such services;
• you should always seek independent professional help and services if you think you may need it.

Material available via Sociable may contain general information about Sociable and our products or services, or those of other parties with whom we deal or do business. Unless expressly stated otherwise, this information does not mean that we are in any way affiliated with any other parties or businesses referred to.

12.Other Websites.

1. Sociable content (including content posted in connection with events or business advertisements published via Sociable) may include links to other websites and/or materials (Other Sites) which are beyond our control.
2. We do not review or monitor any Other Sites or any such links and we are not responsible for content on any Other Sites.
3. If you access any Other Sites, you do so at your sole risk and possibly subject to the terms and conditions of those sites.
4. The inclusion on Sociable of references or links to Other Sites does not imply any endorsement by us of any of the Other Sites or the content contained on those sites.
5. We do not warrant the safety or accuracy of the content on any Other Sites and will not be liable for any adverse consequences to you whatsoever arising out of your access to or use of any Other Sites.

13.Our Liability.

1. We do not warrant that the materials on Sociable or arising out of any events posted or business advertised via Sociable will be suitable for any particular purpose. Access to Sociable and its content is provided on a strictly “as is” basis.
2. In consideration for being given access to Sociable and its content, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of Sociable, use or reliance upon any content obtained via Sociable, reliance upon any user-posted resources, reliance upon information arising out of, or attendance at, user-posted events, or your engagement of or reliance upon any services advertised by users via Sociable.
3. All implied warranties are excluded to the maximum extent permitted by law.
4. Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:

• the supply of the relevant goods or services again;
• repair of any goods; or
• payment of the cost of having the goods or services supplied again or repaired.

14.Indemnity.

1. You agree and acknowledge that your use of Sociable in any manner whatsoever, including, without limitation, posting an event on Sociable, attending any event posted on Sociable and/or your reliance on any materials made available on Sociable, is done at your sole risk, and that you assume full responsibility for your use of Sociable.
2. You will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of Sociable or any of its content or from any breach by you of these terms.

15.Governing Law and Jurisdiction.

1. This agreement and your relationship with us pursuant to this agreement are governed by the laws of South Africa, and shall not be subject to or governed by The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention.
2. You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of South Africa for the purpose of resolving any disputes arising out of this agreement.

16.Entire Agreement.

1. This agreement constitutes the entire agreement of the parties and supersedes all prior understandings, negotiations, agreements, written or oral, express or implied.
2. No waiver or breach of any term of this agreement shall constitute a precedent or a waiver of any succeeding or other breach of the same.
3. The next time that you use Sociable, via the app or website, you may be asked to agree to terms and conditions which may differ from these terms. The terms as they appear on each such occasion are the terms that will govern your use of Sociable at that time.

17.Addresses.

1. Ubiquity chooses the address recorded in clause 17 below as its address to which all notices and other communications must be delivered for the purposes of these terms and conditions and its domicilium citandi et executandi (Domicilium) at which all documents in legal proceedings in connection with these terms and conditions must be served:
2. Any notice or communication required or permitted to be given to pursuant to the provisions of these terms and conditions shall be valid and effective only if in writing and sent to a party’s chosen address in accordance with the provisions of clause 16.1, provided that documents in legal proceedings in connection with these terms and conditions may only be served at a party’s Domicilium.

Disclouse of Information

Merchant: Ubiquity Applications Proprietary Limited, a private company incorporated in South Africa

Registration number: 2020/686084/07

Physical address: 21 Bellevue Road, Kloof

Telephone number: +27 81 315 4374

Office bearer: Jason Van Dyk

E-mail address: info@thesociableapp.com

Website address: https://thesociableapp.com/