CAUDAN ARTS CENTRE PURCHASE POLICY

Caudan Development Ltd (“CDL” or “we”) is a public company with limited liability duly registered under the laws of the Republic of Mauritius, having its registered office situated at 8th Floor, Dias Pier Building, Le Caudan Waterfront, Port Louis, Mauritius.

CDL is responsible for the management of several buildings which are situated at Le Caudan Waterfront, Port Louis. One of these buildings, the Caudan Arts Centre (“the CAC”), which will be opening in December 2018, intends to cater, mainly through its main theatre, for music, art, dialogue, conferences and events in Mauritius.

CDL is pleased to offer you the opportunity to purchase tickets for such events through www.caudanartscentre.com (“the website”). Our goal is to make your purchasing experience easy, efficient and equitable, so we can get you on your way to live events as quickly as possible. This Purchase Policy is designed to ensure your satisfaction and understanding of the purchase process on the website.

The domain name www.caudanartscentre.com, as well as its contents are the sole property of CDL.

By accessing and using the services offered through the website, you agree that you have read and accept to be bound by the terms of this Purchase Policy document, Other Terms and Conditions and Privacy Policy found on the website

  1. INTRODUCTION

    1. This Purchase Policy sets out the terms and conditions applicable to any purchases you make from the website. If you are making a purchase online, this Purchase Policy also incorporates our Terms of Use.

    1. CDL sells tickets from several distribution points, including online (desktop, mobile website) and at the box office located at the CAC.

    1. Please note, all seating maps and charts displayed during the purchase process are for guidance only, and reflect the general layout for the venue for particular events. For some events, the layout and specific seat locations may vary without notice.

    1. In this Purchase Policy, we refer to any products and services offered for sale by us as “item(s)”.

    1. Please note, tickets cannot be exchanged or refunded after purchase, save as set out in this Purchase Policy.

    1. Our Purchase Policy does not apply to any purchases made from any third party, CDL therefore shall not be responsible for any aspects of your purchase from any third party.

 

  1. CONTRACT

    1. In order to make a purchase from the website, you must have a valid credit card issued in your name. You will need to provide basic details about yourself including your name and email address that we can contact you on and where your tickets will be sent. You may also choose to provide us with additional contact details to allow us to reach you more easily and better serve you.

    1. Any purchase from us is subject to: (i) this Purchase Policy; (ii) any special terms and conditions stated to be applicable to an event; (iii) the terms and conditions of the event partner(s) and/or event; and (iv) any venue terms and conditions (including conditions of entry).

    1. Your contract for purchase starts once we have confirmed your order, and ends immediately after completion of the event for which you have purchased the item(s) and/or ticket(s).

    1. All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full.

    1. It is prohibited to obtain or attempt to obtain any item(s) through unauthorised use of any robot, spider or other automated device or software, or any other illegal or unauthorised activity. We reserve the right to cancel any order(s) that we reasonably suspect to have been made fraudulently or otherwise in breach of this Purchase Policy, without any notice to you, and any and all item(s) obtained as part of such order(s) will be void.

    1. To prevent fraud and protect the website, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We may cancel orders which we reasonably suspect to have been made fraudulently.

 

  1. PRICES AND FEES

    1. All prices for item(s) and/or tickets offered for sale from us are inclusive of VAT.

    1. Whilst we try to ensure that all advertised prices are accurate, errors may occur. If we discover an error in the price of any item(s) you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price (in which case we will credit or debit you as applicable) or cancelling your order (in which case you will receive a full refund). If we are unable to contact you to confirm your order at the correct price, you agree that we may treat the order as cancelled and issue you with a full refund.

 

  1. PAYMENT MODALITIES

    1. Payment shall be made in Mauritian Rupees.

    1. Payment on the website can only be made by a valid credit card (mastercard, visa or amex). This form of payment allows for the immediate and final booking of your tickets online. Once a sale is confirmed, no changes or cancellations are permitted except if clause 9 applies.

    1. The payment gateway used on the www.caudanartscentre.com website has been outsourced to 2checkout.com, a trusted provider of online payment services, whose terms you must agree to when making online payments. None of your payment information is seen, dealt with or stored by CDL.

    1. The website is secured by an SSL certificate which systematically encrypts all data which is exchanged on the website. All personal data will be kept confidential and will not be shared with any third party, CDL being registered under the data protection office in Mauritius.

    1. The personal data (excluding payment information) you provide will be used to help better serve you in the future and to communicate with you about future events at the CAC. Furthermore, it will allow CDL to communicate with you regarding your purchase and for the delivery of your tickets.

    1. The Website processes payment through MIPS MyPay who does not store card details. MIPS My Pay is a PCI (Payment Card Industry) compliant payment ecosystem.

      When you choose an online payment option, your card information is securely processed through the payment gateway of our bank partner.

      Rest assured that your card is safely encrypted as it travels over the Internet.

      Important: It is the buyer’s responsibility to verify, under 48 hours, that payment corresponds to what should have been paid and that payment has well been done. No reclamation can be made to MIPS after 48 hours.

 

  1. DELIVERY

    1. Please note that your tickets will be delivered by “e-delivery” (i.e. mobile tickets or print-at-home tickets).

    1. If your tickets have not arrived within one (1) day from the purchase date, please check your spam folder. Should you still not be able to find your tickets, please contact us using the online contact us form on the website. Please include your reference number and the name and postcode that the booking is made under.

    1. We reserve the right to make tickets available for collection by you at the venue box office or at any other designated ticket collection point. We will notify you by telephone or email of the arrangements for collection if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect tickets, as well as the credit or debit card used to make the order.

 

  1. TICKETS

    1. When you receive your tickets, please print them and keep them in a safe place. We will not be responsible for any tickets that are damaged, lost or stolen. Please note that direct sunlight or heat can sometimes damage physical tickets. Furthermore, we recommend that you do not post pictures of your tickets online, unless you have covered the barcode and any other reference numbers on your ticket, as this may allow third parties to counterfeit your tickets or otherwise compromise the integrity of the tickets.

    1. It is your responsibility to check your tickets once they have been delivered; mistakes cannot always be rectified.

    1. Where your tickets are for allocated seats, you have a right only to seats of a value corresponding to that stated on the ticket. We reserve the right (whether before or during the event) to provide alternative seats to those initially allocated to you or specified on the tickets.

 

  1. TICKET RESTRICTIONS

    1. When purchasing tickets from us, you are limited to a specified number of tickets for each event. This number is included on the first purchase page and is verified with every order. This policy is in effect to discourage and prevent unfair ticket buying practices. Tickets may be restricted to a maximum number per person, per credit or debit card and, for some events, a restriction may apply per household as well. We reserve the right to cancel any order(s) for tickets purchased in excess of the relevant limits without notice.

    1. Tickets may be sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restrictions will be displayed or otherwise notified to you before or at the time you book the tickets. It is your responsibility to ensure that you read all notifications and other important information displayed or notified to you as part of the purchase process.

    1. You may not resell or transfer your tickets. Any resale or transfer (or attempted resale or transfer) of a ticket in breach of this purchase policy is grounds for seizure or cancellation of that ticket without refund or other compensation.

    1. Tickets purchased from the website may not:

  • be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or

  • be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution; unless formal written permission is given by us.

 

  1. EVENTS – TIMINGS AND ADMISSIONS 

    1. Please note that advertised start times of events are fixed. You are kindly requested to be present at the CAC at least twenty (20) minutes before the starting date of the event. Should there be any change in the schedule, you will be informed accordingly by email.

    1. Tickets are sold subject to the CDL’s right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets.

    1. Generally, every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.

    1. The event venue may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons breaching or suspected of breaching any terms and conditions of the event.

    1. Laser pens, mobile phones, dogs (except guide dogs) and patrons own food and drink are  prohibited. Please check with the venue directly. The unauthorised use of photographic and recording equipment at events is also prohibited. Any unauthorised photos, videos and/or recordings may be destroyed or deleted.

    1. Breach of any of venue terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle CDL to eject you from the venue.

    1. CDL reserves the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety (including crowd surfing or moshing), any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of CDL’s terms and conditions.

    1. Unless expressly authorised by CDL, there will be no pass-outs or re-admissions of any kind.

    1. By attending an event, you and other patrons consent to being filmed and/or recorded and may be featured as members of the audience in any resulting footage or recordings.

Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured at an event, which may not be suitable for those with photosensitive epilepsy, or similar conditions.

CDL shall not, in any manner whatsoever, be held responsible for any damage caused as a result of the above-mentioned.

  1. YOUR RIGHTS IN RELATION TO EVENT CANCELLATIONS AND RESCHEDULING

    1. If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information. However, we cannot guarantee that you will be informed of such cancellation or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled or altered and the date and time of any rescheduled event.

    1. Cancellation: If an event for which you have purchased tickets is cancelled in full (and not rescheduled), you will be offered a refund of the sale price of your tickets, unless if the event has been cancelled as a result of an event of force majeure and/or any other similar event falling outside the control of CDL. If you have purchased tickets for an event which takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund.

    1. Rescheduling: If an event for which you have purchased tickets is rescheduled, unless otherwise indicated, you will be offered tickets of a value corresponding with your original tickets for the rescheduled event, subject to availability. If you are unable to attend the rescheduled event, you will not be entitled to claim a refund.

    1. To claim a refund under clause 9.2, please contact us using the contact us form on the website. Your claim must be received by us within ten (10) days from the date of the cancelled event. No claim of refund will be entertained after this period has lapsed.

    1. Legitimate refund claims will be processed within thirty business days and be issued to you either in the form of a direct credit to your bank account or by cheque depending on the option you select. Under no circumstance will cash be issued to you.

 

  1. REFUND POLICY

Tickets, once purchased, cannot be cancelled or exchanged, except as per Clause 9.

 

  1. LIMITATION OF LIABILITY 

    1. CDL will not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us):

  1. in any circumstances where there is no breach of contract or a legal duty of care owed by us;

  2. in circumstances where such loss or damage is not directly as a result of any such breach; or

  3. to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Purchase Policy.

    1. To the maximum extent permitted by law, CDL shall not be liable for any indirect, consequential losses or business losses, or any exemplary, special or punitive damages arising from your purchase. In accordance with this, please note that:

  1. personal arrangements including travel, accommodation, hospitality and other costs and expenses incurred by you relating to the event which have been arranged by you are at your own risk, and CDL shall not be responsible or liable to you for any wasted expenditure, including where an event has been cancelled, rescheduled or otherwise materially altered; and

  2. CDL shall not be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or materially altered.

    1. In any case, CDL’s liability to you in connection with the event (including, but not limited to, for any cancellation, rescheduling or material alteration to the programme of the event) and the ticket you have purchased shall be limited to the price paid by you for the ticket.

 

  1. QUERIES AND COMPLAINTS 

    1. If we need to contact you, we will use your contact details provided at the time of purchase. It is your responsibility to inform us of any changes to your contact details, both before and after receipt of tickets. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.

    1. If you have any queries or complaints regarding your purchase, please contact us by email or at the following address: 8th Floor, Dias Pier Building, Le Caudan Waterfront, Port Louis, Mauritius, quoting your order reference number.

    1. If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both of us.

 

  1. GOVERNING LAW AND JURISDICTION

All of the terms and conditions of this Purchase Policy are governed by Mauritian law and any disputes arising out of or in connection with these terms and conditions and/or any order with the website are subject to the exclusive jurisdiction of the Mauritian Courts.