TERMS AND CONDITIONS MODEM SA PTY (LTD)
This document sets out the terms and conditions between Modem SA (Pty) Ltd (hereinafter referred to as “Modem SA”) and you when you purchase a ticket. By purchasing a ticket, you are agreeing to comply with and be bound by these Terms and Conditions (hereinafter referred to as “T&C’s”). You should read this document carefully.
Modem SA reserves the right to change these T&C’s at any time. Any amended T&C’s will be posted to our website. Please check this section regularly for changes to ensure you have up to date information as you are bound by these T&C’s. If you purchase a ticket after any amendment to these T&C’s, you agree to be bound by the updated version of the T&C’s.
In the event of any breach of these T&C’s, Modem SA reserves the right to cancel tickets, to refuse admission, to remove the holder or to confiscate offending articles, as the case may be, and in any case, to retain any monies paid for the relevant ticket.
ADMISSION & TICKETS
Festival Tickets are only available online from the Modem SA Shop website.
Do not buy tickets from other sources. Ticket holders of invalid tickets will not be allowed entry into the festival site.
Festival tickets are issued in electronic form as an “e-ticket”. Modem SA does not issue any “physical tickets”.
Festival e-tickets are personalised and need to be registered with a valid name and surname. There will be no admission without a valid ticket. Please check all your tickets on purchase, as mistakes cannot always be rectified.
Tickets bought online need to be personalised by you immediately upon purchase.
You may purchase more than one ticket per transaction. You must provide the name and surname of each participant while placing an order.
If the ticket(s) is re-sold or transferred for profit or commercial gain by anyone other than Modem SA or one of its authorised sub-agents, it will become void and the holder may be refused entry or removed from the site.
Upon arrival at the festival your e-tickets are only valid in combination with valid ID / passport. Your ID / Passport must match the name on your e-ticket. We do not accept a written mandate to transfer personalised tickets.
Valid tickets purchased for the event will be replaced at the festival entrance with a festival wristband. Only visitors with a valid festival wristband are allowed entry and movement in the festival area. Festival wristbands may not be removed, cut, torn or damaged in any way or they cease to be valid. Modem SA reserves the right to request identity validation by presenting a valid ID to the festival staff upon request.
Modem SA may decline or forbid entrance into the festival to anyone who might in any way endanger the safety of the visitors or cause any kind of problems.
Admission and participation at the festival is at the visitors’ own risk. Modem SA and the Landowner will not be held liable for any loss, injuries or damages sustained at the event including damage, theft or losses to property and motor vehicles, if the cause is due to the negligence of the ticket holder or the unforeseeable actions of other patrons or third parties.
REFUND POLICY
Unless stated otherwise Modem SA is accepting refund requests for tickets sold in regular presales.
If you are unable to attend the event due to unforeseen circumstances, refund requests will be accepted only after following conditions have been met:
Ticket holders can request a refund, by filling out the form in the link provided.
Requests for refunds must be received within the given deadline. Purchased tickets will be cancelled immediately upon request. There are no refunds after this deadline for any reason including, but not limited to, illness, travel-related problems or loss of employment.
The full name and ticket details provided in this request must match the original email the ticket was purchased from.
The ticket buyer is able to request refunds for any ticket purchased within their order.
When requesting a refund, select only the ticket(s) that you would like to refund.
Note that all ticket refunds are subject to a fee of 10% due to administrative costs and bank fees, unless otherwise specified.
The refund amount shall not exceed the ticket’s face value paid (excluding any booking fee and/or cancellation fee).
E-ticket refunds are processed at the beginning of each new month. This means that if you cancel your ticket in the middle of the month, the refund will be processed at the beginning of the next month. Please note that it can take time for the funds to clear in your account.
Due to unforeseen circumstances, refund processing times may be delayed until after the festival takes place.
Some refunds (mostly those outside of South Africa) will be subject to additional bank charges. This is a shared expense between our bank and yours, meaning each bank will take away a certain fee from the original amount Modem SA paid for your refund. In some cases, depending on the bank, this fee can be fairly high.
In case of any issue please write to us directly: tickets.modemsa@modemfestival.com
Please be patient and contact us only if you do not receive your refund within the deadline period. Thanks for your understanding.
In order to process your refund, we will need the following information from you:
1) Name and surname on the tickets you wish to refund, 2) Ticket number (barcode), 3) Ticket price, 4) Address, 5) State, City, 6) Bank name, 7) IBAN or account number and 8) Swift / BIC Code.
Please make sure your bank info is correct if the correct banking information is not provided this will delay your payment and possibly incur extra bank fees for returned funds.
Please note that the organiser reserves the right to limit or completely deny refund requests.
FORCE MAJEURE
In the case of any event or force majeure, meaning any event or circumstance whatsoever which is beyond normal control, including, without limitation, vis major, casus fortuitous, any act of God, war, civil or political unrest, actions and orders from the authorities, internal restrictions, any requirements from the government or other competent local authority, strikes, catastrophes, epidemics or other severe damages or highly unexpected factors Modem SA may cancel the Festival, and the amounts received will not be refundable.
AGE POLICY
Only persons aged 18 years or over, on their first day of attending Modem SA, may enter the festival using an adult ticket.
If you have purchased an adult ticket, you will be required to provide ID that proves your age. If you cannot provide a valid ID or passport that is valid and on date, you will be refused entry into the festival site.
Ticket holders under the age of 18 years can only enter the festival with the person who purchased their ticket i.e. their parent or legal guardian. Ticket holders under 18 years attempting to enter the festival without this person will be denied entry to the festival.
Children aged 14 years and under are admitted free when accompanied by a ticket-holding parent or a legal guardian.
A passport or national identity card are the only documents considered as acceptable proof of identity. Photocopies will not be accepted.
All young persons are the responsibility of their adult parents or legal guardian, at all times whilst at the festival.
Under aged and visibly intoxicated individuals will not be served alcoholic drinks.
MEDIA POLICY
All visitors (including minors) give their express consent to be photographed, filmed or recorded as part of the audience. All video, photo and audio materials acquired on festival site are subject to be used in promotional materials for the festival without any limitations of time and space and at the sole discretion of Modem SA.
By entering the event and by your presence at the event site, you acknowledge that you may be photographed and recorded as part of such footage and its use in distribution (commercial or otherwise) without any payment.
GENERAL
Modem SA reserves the right to alter or vary the content or timing of the whole or any part of the event due to circumstances beyond our reasonable control without being obliged to refund or exchange tickets. When purchasing your ticket you will be asked to provide your customer details, including contact info. We will use your information to keep you up to date on Modem SA events. To opt out of these communications please contact info.modemsa@modemfestival.com.
Strictly no trading or other commercial activity by any ticket holder will be allowed on the festival site without Modem SA’s prior written consent.
Modem SA accepts no responsibility for goods or services purchased from third party traders.
Tickets cannot be used as part of any marketing, media or sales promotion whether commercial or non-commercial without prior written permission of Modem SA.
To protect your own safety and those of other guests, please act responsibly.
If you are caught urinating or defecating in places other than a toilet, you run the risk of immediate ejection from the festival site.
Please use bins and recycling points provided.
The burning of plastics, bedding, tents, furniture is not permitted anywhere on the festival grounds and could result in criminal charges being brought against anyone caught doing so. It is strictly forbidden to build fires or barbecues anywhere on festival grounds.
Anti-social behaviour will not be tolerated and anyone found acting in such a way will be immediately ejected without refund.
Dogs are not allowed on the festival grounds.
Pyrotechnics, lasers, smoke machines, strobe lighting and special effects may take place during some performances.
Parents are reminded that some areas of the festival, especially immediately in front of the stages, are inappropriate for children.
WARNING: Exposure to loud and excessive music may be damaging to your hearing!!!
PROHIBITED ITEMS
The following items are not permitted:
We operate a zero tolerance on drugs / legal highs and entry will be refused for those attempting to enter the event with any illegal substances.
Glass (of any kind).
Spray cans.
Laser equipment or laser pens.
Gas canisters.
Fireworks, flares, Chinese lanterns, klaxons, air horns or other similar items capable of making loud noise and any item which may reasonably be considered for use as a weapon.
Motorcycles, motor scooters, personal motorised vehicles (unless a mobility scooter).
You may be searched on entry to the event site. Any items that may be used in an illegal or offensive manner will be confiscated. No responsibility is given for the return of confiscated items. If you are in possession of illegal substances, you may be arrested.
CAMPING
Camping will be made possible only to visitors with a valid festival ticket. Camping is allowed only in the designated camping area.
It is forbidden to set up tents outside of the fenced area of the camp or restricted areas of the festival camp.
Unregistered people and anyone without a valid festival camping wristband cannot enter the festival campsite and campers are not allowed to escort such individuals onto the festival campsite.
CAR PARKING
Car parking will be made possible only to visitors with a valid festival ticket.
Vehicles are parked entirely at the owner’s risk.
All car parking is not pre-designated and will be allocated on arrival at our discretion.
Any vehicle left on site past the given deadline will be removed and scrapped. All reasonable efforts will be made by Modem SA to locate the owner and remove the vehicle before this takes place.
Modem SA accepts no liability for costs incurred in the process of removal and disposal of vehicles. If a vehicle is stored beyond a given deadline, to facilitate collection any associated costs will be passed on to the legal owner.
PLEASE ABIDE BY THESE RULES!
These Terms and Conditions are to be interpreted in accordance with South African Law and any dispute arising out of these terms or their subject matter is subject to the exclusive jurisdiction of the South African court of law.
If you have any queries on any of the above terms and conditions, please get in touch with us directly via info.modemsa@modemfestival.com
Modem SA PTY (LTD)
5 Plumtree Close, Tierboskloof, Hout Bay, Cape Town, 7806
South African Protection of Personal Information Act (POPI Act) and Use of information:
In terms of the Protection of Personal Information Act, 2013 (Act 4 of 2013), also called the POPI Act, effective 1st of July 2021, we required our Consumers to store and process their personal information. We would like to assure you that your personal information will be treated with the utmost privacy. We shall only share your personal information for the service that you have applied for or other required by law, as per legislation or regulation.
We automatically collect your details and depending how you interact with us, the personal information we collect may include but without limitation: your name, email address, postal address, telephone numbers, log-in and registration information for authentication purposes and access, your gender, and your social media account information. So that we comply with the consent requirements, we are obliged to confirm that you consent to the processing of your personal information for internal management, are happy to be on our contacts database and to receive marketing emails from us. Please let us know if you would like to be removed from this database.
The Parties shall comply with all relevant Statutory Provisions, as well as any rules and guidelines that apply to the way in which Modem SA (Pty) Ltd provides the services in order to keep the information secure.